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Home My WebLink About01-2991 FX . "' ',- -..;',". ,', ,L '''-__h' l " . ,~", "", .;..",..(,,"0.-;, ,>__,", _..'~'" '. _.j,.:.I..k ,""""", "i~j'~I,,.J,';"~'''~c,,. '''_"'" ,'C.' -=,,,,"'~, ' :::~::.::{)::c~~:,'::!:C(:::~::.::~~,::(~::.::{::,~~::!;:)::.){:t*31~~:'~(:e<~~::.~:::~Zi(:X+};;:':::~::C~~:~.:}::~':!::C!~:;XC~;;:,:::*.!~J!::.::~;::::~!3D v: : ~ ~.~ ~ .", )::C~$>~;~!::.~_~';;'R~::c:t~:<.~+::c:t~+a:~~:::<eB<a., ~ ~ No ~ ~ ~ ks ~ t,:: i 1O.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. -,.,,' i 'i-.~ STATE OF ~ ~.'I ~.~ ~ u~~ILK~mB>E:~INEC , ~'S ~ ~ !i'.~ ~ I ~ t ~.~ (4 ;..~ ~ ~ ~.s ~ ~ . ~ "'~ ~ a ~.~ '"~ ~ i>. ~.s ~ ,;; W ~.~ ~ ~.~ ~ ~ ~'s ~ ~.~ ~ ~.~ ~ .,.< ~.~ ~ ~:~ ~ ~"i N o. .O.1.:-:.z.9.~.Luu. uuuuuuuu. ~ Plaintiff VerSilS GREG G. BERZINEC, u.. u.' Defen.dant. > DECREE IN D I V 0 R C E c:;t-1/:JOA.}1. AND NOW, .... ~.~..?-~........, 1'IJ .~qo2-., it is ordered and decreed that . .~~~~~ .~'. .~~~~~~~~ .. .. .. .. . . . .. . . . . . .. . . . . . . . . . " plaintiff, and. .. ~~~!l.~... ~~~~~?~~.. . . . . .. . . .. .. ... . .. .. .. .. .. .. .. . . .. ". defendant, ore 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 0 final order has not yet been entered; ......................... , By ill' ~ a ~~ ~ i I AE(::-.::'", Prothonotary ~ ~.' ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "I ""'l~. a ~.~ ~i :~ >,.", w ; ~ ~.~ ~ ~ ."'. ~ ~ ~ ~ ~ i ~.~ ~ ~ ~.'~ ~ ~ ;~/~: ~ ~":~ ~ ."'; ~ ~ t) S t;i W ~.~ ~'S ~ ;.) ~ ,", <.,." W ~.~ '."" ~ ~.~ ~.~ ~ ~.~ ~ ~ ~.I i ~.~ ~'S ~ ~ ~.~ ~ ~.~ f.o; I ,0" J. w ... ~ '.' ~ ... ,,('i;j ~ ,1!liWMf ", - ~, 111l"f1.. T -3 c,7~ .a;< d~.c:;.;< "T 1M "~M~,~",..~,,.. ~. '~- '.'- , - ~"~""' - ~ "~, "~'"" ~cm1 \lI>' '~t ~ '" w.~,~-$4~ )f~' ~ c:: ~ C? ~t~ . ~~l\lIl'II!;l~~~~fl!!~~'lI!\fj'ffil-fr..l'i;:"'l!'~I'I~!I'I~~~~~~~~r,f 'c.. _,;; _.,,~",. ~ <<,'" ,~", " OFFICE OF DIVORCE MASTER CUMBERLANO COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240>6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697>0371 Ex!. 6535 September 25, 2001 John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P.C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, P A 17050 Thomas S. Diehl, Esquire MISLITSKY & DIEHL One West High Street Suite 208 P.O. Box 1290 Carlisle, P A 17013 RE: April K. Berzinec vs. Greg G. Berzinec No. 01 - 2991 Civil In Divorce Dear Mr. Fenstermacher and Mr. Diehl: Both counsel have indicated that discovery is complete. A divorce complaint was filed on May 17, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The complaint also raised the economic claims of equitable distribution and counsel fees and expenses. No claim has been raised for alimony. I am going to proceed on the basis that grounds for divorce are not an issue and that the parties will either sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code or have been separated for a period in excess of two years. I am, therefore, in accordance with P.R.C.P.1920.33(b) directing each counsel to file a pretrial statement on or before Friday, October 26, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing - -l"!,, --I r' '('" Mr. Fenstermacher and Mr. Diehl, Attorneys at Law 25 September 2001 Page 2 conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ^,,', '~, '>"~',.- ;' ,C I:~",~~", I';! - ~~ ; "~~ "...l'~. '"'- ' - "-'- .' ,..ill ,j , ,--; > '~liiillitl'~~~OIlifliji.;;,~ APRIL K. BERZINEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01-2991 CIVIL 19 IN DIVORCE GREG G. BERZINEC Defendant STATUS SHEET 1.- "\.- , DATE: - " $117,000.00 8,190.00 1,170.00 100.00 $107,540.00 $132.000.00 $24,460.00 $12,230.00 "' I 1 ";~'"' I ~' , ,< " " ' "" .',0';__' ".-, -" '" , , "I~ :::.ili-"c House Mortgage Assumption By Wife Value of Marital Home 7% Sales Commission 1 % Transfer Tax Deed Preparation Outstanding First and Second Mortgage Joint Deficit One-half of Joint Deficit owed by Husband EXECUTIVE OFFICES 3820 MARKET STREET CAMP HILL, PA. 170!! (717) 76 t -0404 CAMP HILL OFFICE 3900 MARKET STREET CAMP HILL, PA. 17011 (717) 761-6070 HARRISBURG OFFICE 4079 DERRY STREET HARRISBURG, PA. 171 t t (717) 564-7900 Mrs. April Berzinec c/o John Fenstermacher 5115 E. Trindle Road Mechanicsburg, P A 17050 Janumy 14,2002 Dear April: As per your request, I did a Market Analysis on your home on 5125 Erbs Bridge Road, Mechanicsburg. I inspected the property on Thursday, January 10,2002. Based on that inspection, I then researched the market for comparable sales and current listings on similiar properties. It is my opinion that the Market Value of your property would be in the range of $115,000 to $117,000. Actual price would be affected by market conditions at the time the property may be offered for sale and the marketing time parameters. Siooerely, ~ / l'I/1A /11/1 i>..jy~ /1/' (...~ TT / ':rean M. O'Leary Associate Broker "This analysis has not been performed in accordance with the uniform standards 'of professional appraisal practice with impartiality, objectivity in dependeuce aud without a combination of personal interest. It is not to be construed as an appraisal and may not be used as such for any purpose." ~I > ~]lI-':>, 01/11/02 Off-Market Single Family-Detached (Search Set #1) Page: 1 S List No Address Price L-Ofc AR OffMktDt MT BR F/P Ref# - -------- ------------------------ -------- ------ -------- S 10058216 5018 ERBS BRIDGE RD 94000 RMREAL 6 05/04/01 112 3 1/0 1 W 10003301 5018 ERBS BRIDGE RO 94750 COLDW3 6 02/19/98 708 2 1/0 2 W 10030325 5110 ERBS BRIDGE RD 109900 WALKR 6 07/22/98 56 3 2/0 3 S 10040350 5110 ERBS BRIDGE RD 112000 WALKR 6 OS/27/99 13 3 2/0 4 S 10016625 4968 ERBS BRIDGE RD 128000 DETWE1 6 08/22/97 81 3 2/1 5 S 10043877 5030 ERBS BRIDGE RD 137900 RMREPR 6 09/15/99 18 3 2/0 6 S 10002422 5034 ERBS BRIDGE RD 159900 WOLFE 6 06/21/96 84 3 2/2 7 S 10026918 5116 ERBS BRIDGE RD 161500 GAUG2 6 08/28/98 119 3 2/1 8 W 00146059 5116 ERBS BRIDGE RO 169900 REEX3 6 06/20/95 35 3 2/1 9 W 00144418 5116 ERBS BRIDGE RO 174900 RMREPR 6 05/17/95 44 3 2/1 10 SF Off-Mkt Listings: 10 Average List Price: 136,285 Average Market Time: 127 Total Listings: 10 Average Total List $ : 136,285 Average Total MT: 127 Criteria: (AREA=6) AND (PROP TYPE=l ) AND (lO=ERBS BRIDGE); - Prepared by: Jean O'Leary, CRS,GRI on January 11,2002 - '. 11-JAt,f-2002 10: 30: 42 ==============================='='= c#12 Single Family BOOK Format Status SETT Sub-Type SF City MECHANICSBURG LP$ 1~3~QO. SO:HOME CLD:08/16/01 FIN:FHA MT: 60 SP$ 115500 + - -- - - - - - - - -- - - - - - - - -- - - - - - -- - - - -- - - - - - - -.- - - - - - - - -- - - - --.. --- - - - - - - --+ [ 6408 cANNON DR Area 006 MI.;:' 1I 10067266 I I Mun HAMPDEN Dev BUNKER HILL ~ Sch CUMB I [ Dir W/CARLISLE PK, R/LAMBS GAP, L/CANNON I [ [ [ TotSqFt 1247 Source PUBLIC * No Stories: 1.0 [ [ LotSz Acr. 0.00 Lot SqFt [ [ StyleRANCH ExtAL_UM,BRICK ConstFRAME YrBltt/~ 0000 [ [ Bsmt EXPOSED/WALKO* Prk ATT,l CAR GAR,GAR #Firepl 00 I +--------------------------------+----------------------------------+ I #Br 4 #Bth: F . 2 H 1 #Rrns 8 [Tax 1613 Yr 2000/01 .~ Fee " [ I Lvl-Bth: F ML,ICM +----------------------.------------+ [ Lvl Apx.Sz Lvl Apx.Si IApl RANGE ~ I [ LR M MBR M I OthRrn I I DR BRl M IHeat BASEBOARDS I [ FR I. BR2 M I Cool War Y [ [DEN BR3 L [TntF .' [ [ KIT M BR4 IWtSw PUBLIC SEWER, PUBLIC WATER [ + ---- ------- -.--- - --- - - - --------~~+- - - - - - -- ----- --- - - - ------ ------ ---+ I HAMPDEN TOWNSHIP RANCH IN BUNKER HILLS. SIMUtAR HOMES I [ SETTLED FOR OVER~$120,000. THREE BEDROOMS, 1.5 BATH DPPER I I LEVEL, ONE BEDROOM, FULL BATH~ FAMILY RM IN WALK-OUT LOWER [ I LEVEL. LARGE SECLUDED BACKYARD. I. I [ [ [ +-------------------------------------------------------------------+ I Sh CALL LIST* Bsh CALL LIST* LBx CPLB LO GAUG171~-761~4800 I I SAC 3.5 BAC 3.5 OAC 3.5 TLC 0 LT ERS ~ [ [ LA STEVENS, BOB 717-732-2225 I [~ ~nN~ER I IL~ voicemail 612-5156 email bob.stevens@jgr.com [ +--------~-7-----------------------------~--------------~-----------+ ~~~ ..2 y;... ...e^'--C7.-4 _nn_~ I ~-;f.,i ~.(,.,.,,- pr~ret! by." Jean O'L'ea~ CRS,,!I!./ o,n ~anuary 11, 2002 . " Il-JAN-2002 10:30:42 ===~==========~==============~~== Single Family BOOK Format Status SETT Sub-Type SF ,City MECHANICSBURG LP$~ 1153QO SO:HOME CLD: 03/05/01 FIN:CONVENTIONAL MT: 18 SP$~116900 + - - - - - -- -.,. - - - - - - - - - - ~ - -- - -- - - -- - - - - - - - - - - - -- -- - - --- - - - - -c~ - - ~ ---- - _ - + I 6003, WILLIAM DR Area 006 MLS Jt 10062050 I I Mun HAMPDEN Dev NOLL ACRES Sch CUMB I I Dir FROM CAMP HILL lIS T/R RICHARD T/L WILLIAM I I I I TotSqFt 1355 Source PUBLIC * No St6i~es: 1.0 I I LotSz 80 X 127 "Acr 0.00 Lot S~qFt I I StyleRANCH ExtBRICK '~' ConstFRAME YrBlt+/- 0000 I I Bsmt FULL,PARTIALL* Prk ATT,CARPORT #Firepl 00 I' +--------------------------_...:_---+---_...:_----------------::..-----------+ I #Br 3 #Bth: F 2 H 0 #Rms 61 Tax 1381 Yi 00 Fee I I Lvl-Bth: F . H +----------------------------------+ I LvI Apx.Sz .. LvI Apx.Sz' IApl RANGE,DISHWASHER,DISPOSAL I I LR M 21X14 MBR M 12X12'7 [OthRm FLORIDA ROOM [ I'TIR M 11'3X8'9 BRl jHeat FORCED AIE,GAS I I FR L 22X2B BR2 M 11' 2XI0' 2 I Cool",CENTRAL ArB War N I' I DEN BR3 M 10XI0'2 IIntFWET BAR,WALK-IN CtOSETS,A* I [ KIT,M 11'3X12'6 BR4 [WtSw PUBLIC SEWER,PUBLIC WATER I +--------------------------------+----------------------------------+ I SUPER CONVENIENT TO SHOPPING, ENTERTAINMENT, ETC. ALL BRICK I I RANCH IN WONDERFUL Cc:5NDITION. HARDWOOD IN LIVING & D"tNING I I RMS. KIT. 'HAS~CDRIAN~COUNTER TOPS. MAIN LEVEL CARPET- I I REPLACED & BATH REDONE '98. RADON REDEDIATION SYS. NEW ROOF I I '95, DISHWASHER '98, BASEMENT FINISHED '98, FMRM W/WET BAR. I I COULD CLOSE IN CARPORT FOR GAR. FLORIbA ROOM FOR 3 SJ;:ASONS. [' + - - -- - - - - - -'- - - - - - ---- - - -...., ~,- ---~ -'- ~ -=-;...--"'- ....:.'.;;......,.. - -;:-?- - - -.... -- --'- -- - _....:. -=-;;;:;:- - _.:... -- - - - - - + I Sh APPOINTME* Bsh APPOINTME* LBx CPMLLO BHl 717-243-1000 I SAC 3 BAC 30AC TLC LT ERS I LA DOUGLAS HEINEMAN,BR* 717-249-7092 I LA OW WAY ILA voicemail 243-100ux202 .email doug@bhagency.com I +--~--~--~----------~----------------_...:_------~------~-----------+ a - ",,-;tM1 c:J ~IZ<J ;:? ,," //If . /f.~ ~ ~. .'! ;~..-",-;ld c..-~- ~c# 14 " Preiuired by: Jean O'Leary, CRS.GRJ on'January 11. 2002 11-JAN-2002 10:15:27 --------~--------~-~-~--~-------~- ---------------------------------- .. #1 Single Family BOOK Format Status SETT Suo-Type SF City MECHANICSBURG LP~. 99900 SO:GAUG2 CLD: 05/04/01 FIN:VA MT: 112 SP$n 94000 +--------------------~-----------~--------------~-------------------+ [ 5018 ERBS BRIDGE RD Area 006 ML" 11 10058216 I [ Mun HAMPDEN 'Dev Sch CUMB I I Dir SPORTING HILL TO ER8SBRIDGE, T /L TO #5018 I I I I TotSqFt 1200 Source APPROXI* No Stories: 1.0 I I LotSz 66X315X100X315 Acr O.OD Lot SqFt [ I Sty1eRANCH ExtALUM,BRICK ConstWOOD YrBlt+/- 1940 [ I Bsmt PARTIALLY FIN* Prk 2 CAR GAR #F~repl 01 [ + - - - - - - - - - - - - -- - - - - - -_.- - - - - - - - - - - + - -- -- -- - - - - - - - - - - - - - -- - - - - - - - - - - -- + [ #Br 3 #Bth:F 1 H 0 #Rms 6 [Tax 1100 Yr 2000 Fee I [ Lvl-Bth:F 1 H +----------------------------------+ I LvI Apx.Sz LvI Apx.Sz [ApI RANGE,REFRIGERATOR' I I LR 1 25 X 23 MBR 1 19 X 12 [OthRm I I DR1 11 X 13 BR1 1 8 X 12 [Heat HOT WATER, OIL I I FR BR2 1 9 X 11 I Cool WINDOW UNIT (S) War I I DEN BR3 I IntF I I KIT 110 X 12 BR4 IWtSw PUBLIC SEWER,PUBLIC WATER I +- - - - -- -- -- - - - - - - -- - - -- - -- - - - - - - - + - - - - - - -- - - -- - _.- - -- - - - - - - - - - - - - - - - - + I SITTING UP HIGH ABOVE THE CREEK,THIS UNIQUE RANCHER HAS 3 I I BEDROOMS & A 25X23 LIVING ROOMT PLUS 2-cAR GARAGE. NO FLOOD I I INSURANCE REQUIRED! OVER A HALF ACRE OF GROUND. NICE FIRE- I I PLACE IN LIVING ROOM. SEPARATE DINING ROOM. HARDWOOD FLOORS. I I PUBLIC WATER/SEWER. OBBHW HEAT. REFRIGERATOR STAYS. [ I I + - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -- ~ - - - - - - - - - - -- - - - - - - - - - -.- -- -- - - ~ - - --+ I Sh CALL LIST* Bsh CALL LIST* LBx CPLB LO ~EAL 717-761-6300 I I SAC 3.5 BAC 3.5 OAC XLC LT ERS I I LA WALKER, STEPHEN 717-730':'9369 " I.. [U ~ ooss I [LA voicemail .email [ + - _.- - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - -- - - - --- - - - - - - - --- - - - - - - - - - - - - - - - - + PrePared by: Jean O'Leary. CRS,GRI on January 11, 2002 11-JAl'r-2002 ~ 10: 15: 27 ========================,,;,,;;.==,;.;;,== - #6 Single Family BOOK Format Status SETT Sub-Type SF City MECHANICSBURG LP$~ 139900 SO:GAUG3 CLD:09/15/99'FIl'ECONVENTIONAL MT: 18 SP$ 137900 + - - - - - - -- - -- - -- -- - - - - - --- - - - -- - - - - - - - -- - -- - - - - - -~- - - - - - - -'- - -- - - - -- - -- + I 5030 ERBS BRIDGE RD Area 006 MLS ~ 10043877 I I Mun HAMPDEN Dev Sch CUMB ~ I I Dir W/CARLISLE PIKE,R/SPORTING HILL,L/ERBS BRIDGE TO HOUSE ON I I ~IT I I TotSqFt 1900 Source OWNER No StorTes: 2.0 I I LotSz 150X327 Acr 1.25 Lot SqFt490501 I StyleRAISED * ExtALUM,BRICK ConstFRAME YrBltJ/- 1970 I I Bsmt PARTIAL,FINIS* Prk PVD DR,ATT,2 CAR GAR,INT* #Firep1 01 I +--------------------------------+----------------------------------+ I #Br 3 #Bth:F 2 H 0 #Rms 7 ITax 1413 Yr 98-99 ~Fee I I Lvl-Bth:F U/L H _. +------------:----------------------+ I Lv1 Apx. Sz LvI Apx.-Sz l'ApI RANGE,MICROWAVE, DISHWASHER* I I LR M 13,6X21.6 MBR L 26,6X16 IOthRm FAMILY ROOM, FORMAL DININ* I I DR _M 13.6X13 BR1 IHeat RADIANT,ELECTRIC I I FR BR2 M 14.9X13~8ICool WINDOW UNIT(S),CEIL* War N I [ DEN BR3 M 10.9Xll.6IIntF_PATIO DOOR.s,WALK-IN CLOSE* I [ KIT M 13.5X12 BR4 [WtSw PUBLIC SEWER,PUBLIC WATER I +-- - - -,- -- --'- - - -- - ------ -- - - - - - - - - + - -'- -- -- - -,- - - - - - - - - - - - - - - - - - -- - -- - - + BRIGHT,SPACIOUS,BEAUTIFUL -3BR, 28TH BRICK RANCHON~OVER 1 ACRE. ENJOY THE 100FT OF CREEK FRONTAGE OR RELAX IN THE SUN ROOM THAT OVERLOOKS A BRICK PATIO & LUSH YARD. PRIVATE YET CONVENIENT! WELL MAINTAINED, BR'S W.NEW CLOSET DOORS. MSTR SUITE W/FULL BTH & SITTING AREA, WALK-IN CLOSET, CEILING I FANS & MORE! DR/LR W/HARDWOOD. A JOY TO SHOW! - I +--------------~-~-~~----_:.._-------_:.._------------------~~----------+ I Sh CALL LIST* Bsh-CALL LIST* LBx CPMLLO RMREPR 717-652-4700 I I SAC 3 BAC 3 OAC TLC LT ERS : I .. I LA DANIELS, JOY 717-533-1777 I ILA OW _ I ILA voicemail 558-3303 email joy@joydanie1s.com ~ I' +---------------------------------------~~--------------------------+ Prepared by: Jean O'Leary, CRS,GRI on January 11,2002 ~ 11-JAN-2002 10 :15: 27 - -, . ' ======================~========= =:~ #5 Single Family BOOK Format Status SETT Sub-Type SF City MECHANICSBURG LP$= 134900 SO:DETWEl CLD:08/22/97 FIN:CONVENTIONAL MT: 81 SP$ 128000 + - -- -- - - - - - - - - -- - - - - - - -~- - - - - -- - - - - --- - - - --- -- --- - -- - - - - - - - - - - - - - - - - - + I 4968 ~ ERBS BRIDGE RD Area 006 MLS ~ 10016625 I I Mun HAMPDEN Dev Sch CUMB I I Dir W ON CARLISLE PIKE N/SPORTING HILL TO R/ERBS BRIDGE (BEFORE I I CREEK) I I TotSqFt 2712 Source PUBLIC * No Stories: 2.0 I [ LotSz 138X325IRR. Acr 0.91 Lot SeqFt 44850 I I StyleOTHER ExtVINYL ConstFRAME YrBlt+/- 1964 I I Bsmt EXPOSED/WALKO* Prk PVD DR,ATT,l CAR GAR,OFF* #Flrepl 01 [ +--------------------------------+----------------------------------+ I #Br' 3 #Bth:F 2 H 1 #Rrnsl0 ITax 1169 Yr 96/97 Fee I I Lvl-Bth:F MU H M +----------------------~-----------+ I LvI Apx.Sz LvI Apx.Sz IApl RANGE,REFRlGERATOR,WASHER,* I' [ LR M 15X26.5 MBR M 13.5X18 IOthRrn GREAT ROOM,FAMILY ROOM,L* I I DR M 10.8Xll BRl IHeat FORCED AIR,OIL I I FR M 14.5X16 BR2 U 11.5X14 ICool WINDOW UNIT(S) War N [ I DEN BR3 U 11.5X16 IIntF WALK-IN CLOSETS,BEAMED CE* I I KIT M 11X11 BR4 M OFFICE [WtSw PUBLIC SEWER, PRIVATE WATE* I +--------------------------------+-------------------~--------------+ I PICTURESQUE CREEKFRONT LOT! FLEXIBLE FLOOR PLAN. STUNNING 2 I I STORY GREAT RM W/BEAMED CATHEDRAL CEILING, FLOOR TO CEILING I I STONE FIREPLACE. ML MASTER BDRM. EAT~IN KITCHEN. HARDWOOD I I FLOORING IN SOME ROOMS. LL COULD BE FINISHED FOR ADD~L I I LIVING SPACE W/VIEW OF CREEK. OPEN STAIRCASE TO LL. OVERSIZE I I 1 CAR GAR. POSSIBLLE IN-LAW QTRS. 1/2 HOME BUILT MID~1980'S. I +---------------------------------------------~-~-------------------+ I Sh CALL LIST* Bsh CALL LIST* LBx CPLB-C* LO DETWEl 7~7-761-1910 I [ SAC 3.0 BAC 3.0 OAC TLC LT ERS I I LA WEAVER, DAVE 717-737-4910 I I LA DW ZHDU I ~ ILA voicemail 214-9256 email dweaver@howardhanna.com I +- - - - - - - - -~-- - - - - - - - - - - - - - - - - ~ - - - - - - - - -- --- _...: - _.:...::.:.. - - - - -- - '-- - - - - -~- - - - - + Prepared by: Jean O'Leary, CRS~ GRJ on January 11. -2002 11-JAN-2002 10:15:27 ----------------~---~~~-~--------- -------------------~-------------- .. .' #4 Single Family BOOK Format Status SETT Sub-Type SF City MECHANICSBURG .LP$ 114900 SO:WOOD CLD:05/27/99 FIN:CONVENTIQNAL MT: 13 SP$ 112000 +-------------------------------------'---'---------------~-----------+ I 5110 ERBS BRIDGE RDArea 006 MLS ft 10040350 I I Mun HAMPDEN Dev, Sch CUMB I I Dir W/TRINDLE R.SPORTING HILL L/ERBS BRIDGE GO 3/10TH MI TO HOME I I ON LEFT I I TotSqFt 1000 Source APPROXI* No Stories: 1.0 I I LotSzlOOX250Acr 1.00 Lot SqFt I I StyleRAlfCH ExtALUM,_ Cons t FRAME YrB1t+/- 0000 I I. Bsmt FULL, UNFINISH* Prk CARPORT #Firepl 01 I +--------------------------------+----------------------------------+ I #Br 3 #Bth:F 2 H 0 #Rms 6 ITax 852 Yr97-98 .. Fee I. I Lvl-Bth:F M H +--------------_-------------------+ I Lv1 Apx.Sz LvI Apx.Sz IApl RANGE,REF~TG8RATOR I I LR M 16X14 MBR M 12X13,IOthRm FLORIDA ROOM_ I I DR BRl IHeat HEAT PUMP,FORCED AIR,OIL I I FR BR2 M 10X13 ICool CENTRAL AIR War N I I DEN BR3 M 10X13 I IntF MASTER BATH I I KIT M 13X9 BR4 IWtSw PUBLIC SEWER,PUBLIC WATER I + - -- - -- - - - --- - - - --- - --- - -- - - - - - - - + -- -- - - - - - - - - ----- - - - - ---.- - - - - - - - - - - + I BEAUTIFUL RANCH HOME ON ONE ACRE (PARTIALLY WOODED) WITH 100 I I FT OF CREEK FRONTAGE. NEW WINDOWS, NEW ELECTRIC SERVICE, NEW I I H/W HEATER, NEW CENTRAL AIR, NEW ROOF WITHIN PAST 3 YEARS. I I COVERED FRONT AND REAR PORCHES; ADDITIONAL HEATED FLORIDA I I ROOM OFF FRONT PORCH. HARDWOOD FLOORS THROUGHOUT! Twb BATHS! I I CALL MATT WALKER @ 691~2D74 FOR MORE DETAILS!! I +-------------------------------------------------------~-----------+ I Sh CALL LIST* Bsh CALL LIST* LBx CPML LO WALKR 717-697-9487 I I SAC 3.25 BAC 3.25 OAC 0 TLC LT ERS - I I LA WALKER, MATT 717~439-6309 I I~ 00 I I LA voicemail email I +-------------------------------------------------------~----------+ P~red by: Jean O'Lea~ CRS,GRlon January 11, 2002 '--'"---"-~--~"'~~~""''''.''~'''~"'='=-''~~~''_d_''''"""''';_"""".''''''''~_,,,,, ' .J 1 L. "J...~ ""","~"=,,.,,,L1"""""''''''""''''"-'.''"'''''D'--''-'-'-''=''''''_~=",,o.lli~,,,,,",,,,.,,,,,,.,..,1",""",,,~ MISLlTSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLlTSKY* ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 KIMBERLY L. HOUGH LEGAL ASSISTANT 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-0208 KATHIE J. DIEHL LEGAL SECRETARY (717) 240-0893 - FACSIMILE REPLY TO: CARLISLE FILE No. 01158 November 19,2001 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, P A 17013 John R. Fenstermacher, Esquire Fenstermacher & Associations, P.C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, P A 17050 RE: Berzinec v. Berzinec No. 2001-2784 In Divorce Dear Bob & John: Please find enclosed Defendant's Pre-Trial Statement. Please be advised that Defendant's Income and Expense Statement is blank because my client has yet to provide me with that information. I have advised him that this information is already overdue and that he is to provide me with this information as soon as possible. Very truly yours, @O-{J Thomas S. Diehl TSD/klh Enclosure cc: Greg G. Berzinec *CERTlFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY ",,~"'i?;Ai~6:-;,,;'3i~g~<;';;:~Wii;;1~,W1/"i1;..."-'-W,ffi~""":''-JX<i:!l>'''''''''''''-''---:'''"'''''''''''''''''''''~''_''"'''.''''' ".~,'" .-. "~~~""""';~--~.'"'~,.",-~~~~"" !" , '.....~-- i.~: ~.,; '.......i.......~, ". ,. ~--".~~..~-_.,-~~_.,"~- I """~.",,,'"",,,,,-,, MISLlTSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY* ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 KIMBERLY L. HOUGH LEGAL ASSISTANT 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261,0208 REPLY TO: CARLISLE (717) 240-0893 - FACSIMILE FILE No. 01158 December 5, 2001 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, P A 17013 RE: Berzinec v. Berzinec No. 2001-2784 In Divorce Dear Mr. Elicker: Please accept this letter as a follow-up to our telephone conversation earlier today wherein I relayed to you that both Attorney Fenstermacher and myself are in agreement that the hearing scheduled for tomorrow should be postponed. Additionally, this letter is to confirm that the hearing has been rescheduled for Wednesday December 12, 2001 at 9:00 a.m., and that both Attorney Fenstermacher and myself are aware that the conference must adjourn by 11 :30 a.m. Very trul "-yours, JL2fJ Tnomas S. Diehl TSD/klh cc: Greg Berzinec John R. Fenstermacher, Esquire (via facsimile (717) 691-5441) *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY ';','--;" /#\"'-;;;'~"""J TI'lW ^"~';"_" ~""-",~"""",, '-""""'-"~~'o'~""-.>.T---,c- ,,~ ,~ -- , -^, ~ "",-,__ '-"-F'"-".' ,~",,' ","",,_, ,I"':' 10' ",'C..,' ''''," ~, ~.,',:., .""_;, ",;;".,b,;,1" , " ,,, " -,.'.;;.;;~, ;"..,;."" '~,~,i"~0.-;--":;;;;;;",i.',, , " ,I ",,,,"L.'t,;~ FENSTERMACHER AND ASSOCIATES, P.C. ATIORNEYS AND COUNSELORS AT LAW ..'i g ~ , ",I ~1 ~ ~ TilE JONAt RUPP IIOUtE JOHN R. FENSTERMACHER DIRECT DIAL (71?) 691-5420 . MEMBER PENNSYLVANIA AND NEW JERSEY BAR 1:; \-: October 25, 2001 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Serzinec v. Serzinec Docket #01-2991 Civil Dear Sob: Enclosed please find an original Plaintiff's Pre-Trial Statement in the above- referenced matter. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. ohn R. Fenstermacher / crs Enclosure cc: Thomas S. Diehl, Esquire (w/Enclosure) PLEASE RESPOND TO: 1HE JONAS RUPP HOUSE 5115 EAST TRINDLE ROAD MECHANICSBURG, PENNSYLVANIA 17050 MECHANICSBURG OFFICE: (717) 691-5400 FAX (717) 691-5441 www.fensterrnacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CITY, NJ 08226 (609) 391-9461 "-'---''''':~<' ...."""".,.."'""",...."""""'~""""'".....,_........,~~,"-......w.~_..... h_ _1_",,",,-, "__LL__~~~_~"C_C""'_"_~"""L,"",,' MISLlTSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLlTSKY* ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 KIMBERLY L. HOUGH LEGAL ASSISTANT 14 NORTH MAIN STREET SUITE 550 CHAM8ERS8URG, PENNSYLVANIA 17201 (717) 261-0208 REPLY TO: CARLISLE (717) 240-0893 - FACSIMILE FILE No. 01158 August 23,2001 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: Berzinec v. Berzinec No. 2001-2784 In Divorce Dear Mr. Elicker: Please find enclosed the Certification indicating that discovery is complete in the above- captioned matter. If you have any questions, please do not hesitate to contact our office. Very truly yours, 1fft4//~ Kimber~~. ~-<. Legal Assistant Enclosure *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY " i,\'2";l~"":_"a:j,~~T~m;'.~~ ~ -"""",,_~~,,~~ """ " __,,,,,=ido_,",,",,',",,_'~ -, ~"'~~~~/' "'C' -'-------.'" 1 ..;:;- ~ ~ J ,I, l ,. 'L I i ~ ' ".' ,"~'" ,':.I. j' ~ j ~n--, Attorney's Fees and Costs - April Berzinec Total Attorney's Fees and Costs Billed (Excluding Master's Hearing) $4,636.00 [ FENSTERMACHER AND ASSOCIATES, P.C. AITORNEYS AND COUNSELORS AT LAW TIlE JOHAt RUPP !lOUtE JOHN R. FENSTERMACHER DIRECT DIAL (717) 691-5420 . MEMBER PENNSYLVANIA AND NEW JERSEY BAR January 8, 2002 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Berzinec v. Berzinec Docket #01-2991 Civil Dear Bob: Inasmuch as the Defendant has now reneged on his agreement to settle this matter which agreement was reached at the first pre-trial conference, I request an immediate hearing on this matter. The testimony will be very short and, therefore, I request something scheduled as quickly as possible. Counsel for the Defendant has concurred in this request. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By' Jphn R. Fenstermacher rac cc: April Berzinec Thomas S. Diehl, Esquire PLEASE RESPOND TO; THE JONAS RUPP HOUSE 5115 EAST TRlNDLE ROAD MECHANICSBURG. PENNSYLVANIA 17050 MECHANICSBURG, OffiCE, (717) 691-5400 FAX (717) 691-5441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CfIY, NJ 08226 (609) 391-9461 , , I=w. I- ,'"~'.r' "".,..'" "JIllil!Jilf!l~'; APRIL K. BERZINEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 2991 GREG G. BERZINEC CIVIL ACTION - LAW IN DIVOHCE ORDER AND NOTICE SETTING HEARING TO: April K. Berzinec Plaintiff John R. Fenstermacher Counsel for Plaintiff Greg G. Berzinec Defendant Thomas S. Diehl Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master. 9 North Hanover Street, Carlisle, Pennsylvania on the 31st Ur'::Y " f December , 2001 at 9:00 a. :ii., d t \",j' -, t, place and time you will be given the opportunity to present witnesses and exhibits in support of your case. " , "lh , rge E. Hoffer, President Judge Date of Order and Not ice: 12/12/01 By: Divorce Master 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 L1BERTY 1,VENUE CAr,Ll';LF, 1'1\ 170LI '1'l'LLPI'IUNJ:: (,l"j) )i~~J..31(__Jll ." II --"",-=,") . . APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE DEFENDANT GREG G. BERZINEC'S PRE-TRIAL STATEMENT PURSUANT TO Pa. R.C.P. 1920.33(b) AND NOW, comes the Defendant, Greg G. Berzinec, by and through his attorney, Thomas S. Diehl, and files the following Pre-Trial Statement: 1. LIST OF ASSETS: Inventory of Defendant, Greg G. Berzinec, attached hereto as Exhibit "A." 2. EXPERTS: As the parties have differences regarding the value of the marital residence as well as several items of tangible personal property, is it anticipated that they will obtain the services of a mutually agreed upon appraiser to value these items. 3. NON-EXPERT WITNESSES: Greg G. Berzinec 4. EXHIBITS: (a) Income tax returns of both Plaintiff and Defendant (b) Appraisal of marital residence (c) Bank statements of both Plaintiff and Defendant (d) Pay stubs of both Plaintiff and Defendant (e) Receipts for personal property (f) Expense statements, including credit card and mortgage (g) Retirement account statement of Defendant Defendant herein reserves the right to timely supplement this response upon receipt of relevant information from Plaintiff or upon discovery of additional information. ,,">~~ :'1 I ,j II '!'."r, 5. DEFENDANT'S INCOME: Defendant's Income and Expense Statement is attached hereto as Exhibit "B." 6. PENSION VALUE: The Defendant believes that his pension is valued at between $3,000.00 and $4, 000.00, and will provide documentation of its current value at or prior to the next appearance. 7. COUNSEL FEES: Defendant requests payment of counsel fees in the amount of $2,500.00. 8. DISPUTED VALUE OF PROPERTY: One of the primary items at issue is the value of the parties' personal property. Accordingly, it is anticipated that an appraiser will be necessary to determine the value of the disputed property. 9. MARITAL DEBTS: The primary debts of the parties include the first and second mortgages on their home as well as various credit card which are listed in Inventory of Defendant (Exhibit "A"). 10. PROPOSED RESOLUTION: Plaintiff will retain the marital residence and assume the two mortgages attached to the property. Defendant will assume the balance of the American Express card. The MBNA credit card debt will be assumed by the Defendant. The remainder of the credit card debt will be equally shared between the parties. The equity/debt upon the marital residence as determined by an appraiser will be equally split between the parties. Personal property will be divided as set forth on the Inventory of Defendant attached hereto as Exhibit "A," with an accompanying off- ~'.. -"-'.~ iiiI' : 1 II L_'~'iJ~'_ set value as determined by an appraisal, if necessary. Plaintiff shall pay counsel fees of Defendant in the amount of $4,000.00. Respectfully submitted, Date: November 19,2001 ~!?7~ Attorney for Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 LD. Number 78942 (717) 240-0833 ,"~ .'~ , ~ ~-"'~~"'''R. ~_ I I II <L;i EXHIBIT A , I IJ ""'~ ,...,~ "cJ .' APRIL K. BERZINEC, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE INVENTORY OF DEFENDANT PURSUANT TO Pa.R.C.P. 1920.33(a) Defendant filed the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein made are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: \ \ - I Cj . 0 ( Thomas S. Diehl, Es Uire Attorney for the Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 LD. Number 78942 (717) 240-0833 , " ~ -" ... II i j,:', ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: 1RI 1. 1RI 2. 0 3. 0 4. 0 5. 0 6. 0 7. 0 8. 0 9. 0 10. 0 II. 0 12. 0 13. 1RI 14. 0 15. 0 16. 0 17. 1RI 18. 0 19. 0 20. 0 21. 0 22. 0 23. 1RI 24. 1RI 25. 1RI 26. Real property Motor vehicle Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, workman compensation claim/award Profit-sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and un-matured) MilitaryN A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (including as a total category and attach itemized list if distribution of such assets is in dispute) Other ,", [ .II " -"--' MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF NAMES OF ALL OWNERS PROPERTY OR LIABILITY 1. Home Husband & Wife 5124 Erb's Bridge Road Mechanicsburg, P A 2. Husband's 1997 Jeep Husband Cherokee 2. Wife's 1993 Ford Probe Wife 19. Retirement Account Husband 24. First Mortgage Husband & Wife 24. Second Mortgage Husband & Wife 24. Home Depot Account Husband & Wife 24. Citi Platinum Card Husband & Wife 24. AT&T Universal Account Husband & Wife 24. MBNA American Account Husband & Wife 24. American Express Account Husband & Wife 25. Personal Property Husband (see attachment) 25. Personal Property Wife (see attachment) 26. Rental Value of Marital Residence Since Date of Separation , ~. ",I i L - II ,~,' "~-j"", NON-MARITAL PROPERTY Defendant lists all marital property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER DESCRIPTION OF NAMES OF ALL OWNERS PROPERTY None known k='~" , , , ~,.J .J I . .J~. PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION PERSON TO NUMBER OF TRANSFER WHOM PROPERTY TRANSFERRED None known ,-. II "',, IU', ITEM 25. HUSBAND'S PERSONAL PROPERTY IN WIFE'S POSSESSION DESCRIPTION OF NAMES OF ALL BASIS FOR EXCLUSION IF PROPERTY OWNERS CLAIMED TO BE NON- MARITAL Personal Clothing Guns, cabinet & snorkel Some items pre-marital gear Fishing gear & accessories Camping equipment Computer books & personal papers Homemade VHS tapes & cabinet Husband's CD's & cassette tapes Personal family pictures Bottle collection Pre-marital Yz Brass trinkets Pre-marital Seven pictures from bedroom Oriental rug Pre-marital Dresser Entertainment center 19" Television VCR Jacuzzi Outdoor bar & chairs . Blue kitchen dishes Pre-marital Papason chair Brass boat & trailer Kayak and paddle Scanoe Yz Christmas decorations Filing cabinet with personal papers Personal jewelry Spanish sword Pre-marital Brass flatware Pre-marital Antique Samovar Pre-marital .'--" - , I . w " I , .......~..""h~, ITEM 25. WIFE'S PERSONAL PROPERTY IN WIFE'S POSSESSION DESCRIPTION OF NAMES OF ALL BASIS FOR EXCLUSION IF PROPERTY OWNERS CLAIMED TO BE NON- MARITAL Kayak & Paddle Lawn mover & other garden tools Tools and miscellaneous items in garage Refrigerator in garage Freezer in garage Washer (new) Dryer Yz Christmas decorations Patio furniture Kitchen table & chairs Living room sectional 2 Entertainment centers 27" Television Desk & chair Coffee table, lamps, end tables 19" television VCR Old television . Yz Brass trinkets Seven pictures from bedrooms Cookbooks Three pictures III other rooms Bedroom suite Miscellaneous kitchen items Dishwasher Refrigerator Stove Microwave Engagement ring Diamond necklace Diamond earrings ~ , ~ I II ~,-~ Watches Wedding band Miscellaneous jewelry including gold earrings, gold bracelet, pearl necklace, pearl earring, and pearl ring Personal clothing Household toiletries Stereo Clocks II "~ "--"~\', . . EXHIBIT B ~ "~ , , I, II <. I I ~'~, " .' APRIL K. BERZINEC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant : CIVIL ACTION IN DIVORCE INCOME AND EXPENSE STATEMENT OF GREG G. BERZINEC Respectfully submitted, Date: \\-[q-tl/ {/J(j)Q Thomas S. Diehl, EsqUIre .... Attorney for the Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 : Ii .11 "I , I ''""''""''''-!I~ .' .' INCOME AND EXPENSE STATEMENT Employer: Address: Type of work: Payroll Number: Pay Period (Weekly, Bi-weekly, etc): Gross Pay Per Pay Period: Itemized Payroll Deductions: DEDUCTIONS MONTH YEAR Gross Pav !I; !I; Federal Withholdino $ ~ Social Securitv $ $ Local Waoe Tax <I: $ State Income Tax $ !I; Unemnlov""ent $ $ Medicare Tax <I: $ Retirement (401k) $ <I: Savinos Bonda ~ <I: Credit Union $ <I: Life Insurance <I: $ Health Insurance !I; $ Pension Contribution $ $ NET PAY PER PERIOD 'I; 'I; ">"O~~~'"~ I ( II i I__~ k: ~~..,"", " " .- INCOME SOURCE WEEK MONTH YEAR Interest $ $ $ (C.D. & Mun. Bonds Dividends $ $ $ Pension q; $ $ Annui'v q; $ $ Social Securi'v $ q; $ Rents $ ~ S; Ro"alties $ ~ $. Exnense Account $ ~ $ Unemployment $ $ $ Comn. Workmen's $ $ $ Comn Gifts $ 'l: $ Other: $ $ $ Disability Insurance TOTAL $ $ $ INCOME ;..~ : I! II ~....~ . . ,,~ ' . . . . . . EXPENSES EXPENSE WEEK MONTH YEAR HOME $ ~- $ Mort"a<relRent $ ~ $ Maintenance & Lawn $ $ $ UTILITIES Electric $ 'i: $ Gas .<1:' 'i: $ Oil $ 'i: $ Sewer $ 'i: $ Telenhone $ $ $ Water $ 'i: $ Refuse Cit" 'i: $ $ EMPLOYMENT Public Transnortation $ .<1: $ Lun"h $ $ $ TAY1CS Real Estate ~ !I; $ Personal Pronertv $ .<1: $ INSURANCE Homeowners $ $ $ Aut"mobile{s \ ~ $ $ Life $ 'i: $ Resident 'i: $ $ H;1th1DentalNision $ $ $ Other $ $ $ AUTOMOBILES Pa""'ents ~- $ $ Fuel $ $ $ I (all vehicles) Renairs 1$ 1$ $ MEOICAL Doctor $ . $ $ Dentist $ .'~ $ Orthodontist $ $' $ Hosnital $ $ $ Med;cine $ $ $ Special Needs $ $ $ I (~lasses braces ect. \ EDTlCATION Private School .<1: $ , $ ; I! II . -~~" .~ . " . ~ , ... . . .4 ".' ,," Parochial School $ 'i: !I> Colleoe $ !I> !I> Relioious ~ ~ !I> PERSONAL Clothinn $ $ .'1: Food ~ ~ 'i: Barber/Hairdresser $ ~ $ Credit Pavments $ ~ 'i: Credit Card i ~ $ Charoe Accounts ~ $ 'i: Membershins ~ ~ $ I OANS $ ~ $ MISCELLANEOUS ChildcarelBabvsitter !I> !I> $ PanerslBookslMaoazines 'I: 'I: $ Entertainment ~ ~ $ Pav T.V. 'i: $ $ Vacation $ $ !I> Gifts 'I: $ !I> Lena! Fees 1; $ !I> Charitable Contributions $ 'i: $ Other TOTAL EXPENSES 'i: .'1; 'I; .... J " <,II "~ - ~~, ", ~_--o" .~, ,.A..... if.,', ~ APRIL K. BERZINEC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. dl-;l 99/ 4u/ GREG G. BERZINEC, Defendant : CIVIL ACTION 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 wamed 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 claim of 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 grounds 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, PA 17013 (717) 249-3166 , '. - ,1'1 , " '~,' , '," ",. ,'~, ~"'-~ 'rl, , APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. OJ. ;lCjq, ~ fLu- GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE NOTICE OF AVAilABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. ,~" . ,1,'1 " 11,1 ~' ~, "~"~,,,,~ I"; ""1,' , APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 0/- .;< 99 J Ci.uc.R GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE COMPLAINT COUNT 1- Divorce 23 Pa.C.S.A. ~3301(c) 1. Plaintiff April K. Berzinec, is an adult individual residing at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Greg G. Berzinec, is an adult individual residing at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 18, 1996. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The Defendant is nota member of the Armed Services of the United States of Arnerica. . ~" ] I I .~ I,-J,o" "'- '"", ^'~f-;j<i: , 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff avers that there are no children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT 11- Divorce Pursuant to 23 Pa. C.S.A. ~3301(a) -Indignities 11. The averments of paragraphs 1 through 10 above are incorporated herein by reference as if set forth in full. 12. It is alleged that Defendant, in violation of his marriage vows and laws of the Commonwealth of Pennsylvania, has offered such indignities to the Plaintiff as to make her condition intolerable and her life burdensome. 13. As the innocent and injured spouse, Plaintiff is entitled to entry of a divorce pursuant to 93301 (a)(6). 14. Plaintiff remains the innocent and injured spouse in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce. 2 - I I " ,..1,1.,1. , i;' ~, ,,'i, ", ""~'"" :i' \ COUNT III - Equitable Division, Distribution and Assignment of Marital Properly 15. The averments of paragraphs 1 through 14 above are incorporated herein by reference as if set forth in full. 16. The parties are the owners of various items of personal property and real property which qualify as marital property as defined in Section 3501 of the Divorce Code, as amended from time to time. 17. Said marital property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Plaintiff requests this Honorable Court equitably divide, distribute and assign all of the parties' marital property. COUNT IV - Claim for Counsel Fees, Costs and Expenses 18. The averments of paragraphs 1 through 17 above are incorporated herein by reference as if set forth in full. 19. Plaintiff has employed John R. Fenstermacher, Esquire, to represent her in this matrimonial cause. 20. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 21. Defendant has the earnings or earnings capacity to give him the ability to pay Plaintiffs counsel fees, costs and expenses. 3 ~'''-~' , , I, oL_ , "I,""b~, '~', '~"""'. ;'~""~i!;'~;,'~ 22. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff respectfully requests that, after final hearing, this Honorable Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3704(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ~ ..(./i'_ __ _H. I? ,,/ ;.. ,. ..; j-,~';;" ..::::,;..,.- Y'. ""_H,,,_ .' - ,.',." 4""-' ,---"~ / 'John R.Fenstermacher " i Supreme Court I.D. #29940 ,-j 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: May 16, 2001 4 ~ . J~I~'l ,>' I ~I ", ,I '~lli&" VERIFICATION I, April K. Berzinec, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. stat. Ann. 94904 relating to unsworn falsification to authorities. ) .'j'? .. . /Ji 1\. KflIL? fldD April K. Berzin DATED: s(i%l j~~1.~,I;"UJ..H'-i__,H~"-""'IJ~__,,,,s,*,,"Ii;,,,,,~WiM""-'t.,m;;,.,,,,,"j00"",'",~~i,,-~,"o' ' ( L ~ '''~ ,,___.,lW ~"~~~.~~ .~,__ ~~ ~" ~, -~ ~, -, ">'"';';',~A""':'''''''~'~ ,~,o,_ ,,",,,,_," <, ,M"_'" ',-,','" ",,;ij(:,>n""","lI~~'~!!liI!.l=" W&~___~~~#lif.'~~W@,'''''--'._'"''-;'.~''''''''- _illi_rl , ~'"'K""""U1~JIiiIl"'~ ~:;~ ""- '"'- ~ -. --.l -l ~ "- ~ V-' ~ <::--... cJ. ~~ "', , \ R,. & -. \:::, 0-. . ) ~ V'. \:. () c:: 9SF-: 0~~' ~c> Sff3 -;;;- ~ r~-- '.,) ":-r. -"" ._~,. ._~; r::' C) ~ :c') co allh! Q '",') ;; Il~ "-' "'I.,,' ""~' <' ,'__''<,,:.L<~,~, """",,,;1.., ~,~ APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE ORDER OF COURT AND NOW, this IS '(1A day of ~ 2002, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on March 14, 2002, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: ~n R. Fenstermacher Attorney for Plaintiff ~omas S. Diehl 7 Attorney for Defendant P.J. t~ -rn0J 03~Jj-O~LB)\3 rl~~!ii;j~~~,~j%Jlt!>ltli&l~ll-j,lmi!M~:;;""{<;;~jj,iili'kli!l!ill.j<<;(,~',i.,.~;.'>,"i,;<,,.'j'5,_,!,i!i:Ji;i"",-4;tii,~,,;,y--'*'tsii_~Jlilljiidll~~~.l\i~'''~ ,. o ~ .,. ',l".' ilk, "H,j"ILc,~fjLllJjllln : j IcMUrl 1m! ,'c.d"'''.''..",....,..", c' " ~ilfflitiIlUii!jltlill~Uilii" Vl~\~VA-lA.sNN~d , I t,trlr\["". ;-,i\!',nl_,:::~:ir~n~ /'.1.., .',j- -- " ". ,)' -' .~) L' (: :[11 ""1 , -'-- A' , , , I AtilT",:, ('::~: ;;.~ , >" , ~,~, ~, 'J ~[' i'\ (, J '. ,~ i! "-~' lIb ~U , , ~, . APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE THE MASTER: Today is Thursday, March 14, 2002. This is the date set for a Master's hearing in the above captioned divorce proceedings. The divorce complaint was filed on May 17, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have advised that the parties are going to conclude the divorce under Section 3301(C) of the Domestic Relations Code. In furtherance of those grounds, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under the no-fault provisions of the code. The complaint in divorce also raised economic claims of equitable distribution and counsel fees, costs and expenses. After considerable negotiations throughout the course of these proceedings here in the Master's office, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The ,e, j,.,., -0-t-, '. ,',- ,1"",,1," , , ,--- -,,~ ' , ''"'' ag~eement as placed on the record will be considered the substantive agreement of the parties not subject to changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room they are bound by the terms of the agreement as stated on the record even though there is not subsequently a signing of the agreement affirming the terms of settlement. As part of the agreement, counsel are going to attach a judgment note which is going to be provided later today which is going to be signed by the Defendant, Mr. Berzinec, and will be made part of these proceedings and part of the settlement in this case. Present in the hearing room are the Plaintiff, April K. Berzinec, and her counsel John R. Fenstermacher, and the Defendant, Greg G. Berzinec, and his counsel Thomas S. Diehl. The parties were married on May 18, 1996, and separated in May 2001. There are no children of this marriage. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to Court requesting a final decree in divorce. Mr. Diehl. '-' , ~lliol,,1 , ~" ~i'-'."",," '~0_ ".;". ,'I I-~;I MR. DIEHL: The parties agree to dispose of the marital property as follows: 1. Regarding the marital residence, wife will assume first and second mortgages, in return husband will execute a deed giving all right, title, and interest to wife within ten (10) days of today's date. A deed will be prepared by wife's counsel. 2. Husband shall execute a consent to judgment in the amount of $22,226.93 which will be payable to wife within the terms indicated therein which is attached hereto to as Exhibit NO.2. The note will contain provisions permitting entry of judgment without any default and will be entered immediately on the record and will further reflect an annual interest rate of 10%. The note will not reflect any periodic payments but will reflect merely the obligation is due and payable immediately. 3. Furthermore, husband agrees to make monthly payments in the amount of $650.00 per month in consideration of wife agreeing not to execute said judgment upon husband's vehicle, namely a 1997 Jeep Cherokee for a period of 12 months. Such payments are payable at the first of each month beginning April 1, 2002. It is noted that husband shall receive a credit for the month of April 2002 in the amount of $300.00 as being prepaid through sharing a tax return. Monthly payments from husband to wife will be made directly to wife's current residence at 5124 Erb's Bridge Road, Mechanicsburg, Pennsylvania 17050. In the event the payment is not made by the 5th of each month then the obligation of the wife to refrain from execution on the vehicle will become void. 4. The parties have agreed that the personal property has been divided to their mutual satisfaction with the exception of the items listed on Exhibit No.1. Specifically all of the items on Exhibit 1 except for the bottle collection shall be made available for pick up by a third party within ten (10) days of today's date. The bottle collection shall be made available to husband upon satisfaction of note. In the event that the obligation reflected in the note, which is attached as Exhibit No.2, has not been satisfied within two years of today's date, wife shall have the right to liquidate that asset to satisfy the outstanding obligation. 5. Wife shall continue to maintain her 1993 Ford Probe and husband shall maintain his 1997 Jeep Cherokee. The title will remain as is, wife will agree to sign her right, title, i. Ll-, r "', ~'~"'~ ",~,'"~",,,_,~ ,,"''_'" I'. and interest over to husband within thirty (30) days of the note being satisfied. 6. Each party waives any right, title, and interest they would have to the others retirement accounts. 7. Wife withdraws any claim with respect to attorney fees from these proceedings. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereaJter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mrs. Berzinec, you've been here during the statement of the agreement on the record? MRS. BERZINEC: Yes. THE MASTER: Do you understand what has been stated on the record? MRS. BERZINEC: Yes. THE MASTER: Do you have any questions? MRS. BERZINEC: No. THE MASTER: And it is your desire to have the agreement as stated on the record resolve all economic claims in these divorce proceedings? MRS. BERZINEC: Yes. THE MASTER: Mr. Berzinec, have you been .~ ,~ -1,.1 " ,.""', "',- <,,~.-, ,,"'; n--' ,~ .~ l1;;':; present during the statement of the agreement on the record? MR. BERZINEC: Yes, I have. THE MASTER: Do you understand the agreement? MR. BERZINEC: I do. THE MASTER: Do you have any questions about it? MR. BERZINEC: I don't. THE MASTER: Is it your desire to have the agreement satisfy all of the issues regarding the economic claims in the divorce proceedings? MR. BERZINEC: Please. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: . 3(ff6 ~ enstermacher . for Plaintiff :3- /Lf~o:L omas S. Die 1 Attorney for Defendant /' '/ (~~!!rJ~ Ap il K. Berzi c " ~ ,-,' Personal clothing Computer books Personal pictures 7 pictures in bedroom Entertainment center Old TV. Papason chair Scanoe Personal jewelry Fishing gear Homemade VHS Bottle collection Oriental rug 19" T.V. Outdoor bar and chairs Bass boat and trailer % Christmas decorations Spanish sword '1'1- ,,"- /"-'., ., ~ ,. .-~..:~ Camping equipment Husband's CDs and tapes % Brass trinkets Dresser (spare room) VCR Blue dishes Kayak Filing cabinet Brass flatware l_; I l.:.. " I" I~ ,0 ,_ , , . ,. -, ~',~> '" h-"" . ~A _ 03/14/0~ TBU 15: 15 FAX 1.ll 691 5441 """liIlA,"...,;." . l:'lm"trilUlACIiER IilJ002 PROMISSORY JUDGMENT NOTE FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND, Greg G. Berzinec, having an address of 6113 Westover Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter whether singular or plural called the "Maker") promises tOPIlY April K. Berzinec, having an address of 5124 Erb's Bridge Road, Mechanlcsburg, Pennsylvania. 17050 (hereinafter called the "Holder") the sum of Twenty-two Thousand Two Hundred Twenty-slx Dollars and 93/100 Cents ($22,226.93) lawful money of the United States of America. The principal advanced by Holder to Maker Is in connection with resolution of a marital property dispute and shall bear interest at the annual rate of Ten (10%) percent. . The full amount is due and payable immediately, and no default is required to enforce this Note and/or obtain judgment thereunder. Maker does hereby empower the prothonotary, clerk of court or any attorney of any court of record in the Commonwealth of Pennsylvania, if this Note is not paid when due, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and without stay of execution, and with fifteen (15%) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which Is Incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Seller until such time as this Note is satisfied. The words "Holder" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs. successors and assigns of Holder and Maker, and the term "Make~' shall be deemed and construed to Include the singular, as well as the plural, and Ithe masculine, feminine and neuter gender, or vice versa. This instrument shall be construed aCCOrding to and governed by the laws of the Commonwealth of Pennsylvania. i j _I '" 'LI 1 , ".. ",', ~,-' ',', ,; ;. '-, . 03(~4/02 THU 15:16 FAX 717 691 5441 FENS'flllWCBER IilJ003 . of M wJt IN WITNESS WHEREOF, Maker has duly executed this Note this / If day ,2002. WITNESS: MAKER: By: ~ EXPLANATION OF RI~ A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the amount of Twenty-two Thousand Two Hundred Twenty-slx Dollars and 931100 Cents ($22,226.93) (the "Notej, payable to April K. Berzinec, (hereinafter the "Holder") which contains a confession of jUdgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor which will give the Holder a lien upon any real estate which I may own, inc~uding my home. 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court. 3. I will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff's sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I will be unable to challenge this judgment. should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result In attorneys' fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note which gives the Hoider the rights enumerated above. 2 ,,,-<- ." ___.03/14/02 TBU 15:16 FAX 717 691 5441 , r' :,';f'"'~, 4_", '.. FENsTERilACBER J i ; . .i uI_1 ,',"" +' ,:" " r c:: 1ilJ004 B. ~OT SIGt-J A NOTE WHICH CONTAINS A CO~ESSION OF JUDGMSriT CLAUSE, I UMQ.ERSTAND I WOULD HAVE Tl::l.E..FOLLOWING: 1. The right to have notice and an opportunity to be heard prior . to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or,striking off a confessed judgment. C. I fully and completely understand these rights which I have received prior to Signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my Intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. ' WITNESS: I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS By: 3 ," ~, . i,.i ,1,1, " "'^~ ," '~"' "1-";,'; ""4fu. APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-27M CIVIL TERM ol-.Q.99/ CIVIL ACTION IN DIVORCE GREG G. BERZINEC, Defendant ACCEPTANCE OF SERVICE I, Thomas S. Diehl, Esquire, counsel for Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce on behalf of Mr. Berzinec, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: Jv.--e {.if drJC) ! I t~1~c,;.a,~_>J_g~"",i" ~,;i"'!I""B",.:~i!;:,:"~"f:!;\,,,,,,,,;,,,~*\:;.i"d,~ ~'1:oj:,Jij" ,-,"":'!t',,.,:;,;'''',''ei'~,,~; ,,,'. -';"""" ,{'>t.,*,iWJWI!illl!~I!lli~~ ~~ ,^)J IUJ ~,~~~- ." ~-,+ --y--" ~,,- ~- "~~ => ." ~~ ,"'''',....' ~-: -"'-.1 -~"",' ,-,< ~' .~ . -^-'l 0 0 0 c: ,,;;;: -n U' <- CDr-' c:: z" ~ 11 :z:X' I I::":'::: OJ'),:: -gEY ,-<C7 0) ~O ~~1 ~~ )5:0 """ -",. g,~ :Z:c -"'. )>1 c: ~ .., &:- ;;> C) :D -< . ~ ~~ I: -- -~ - ~'L",I -. - . ,'"-,,. ......,. ,. : . . . ~ APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 17, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I,j :~-, " , ; LI ~ 'j " .,.. '" ....- ~ \ 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.SA Section 4904, relating to unsworn falsification to authorities. DATE: /t/'lB(O! ~i1:-J~G ;t.iil~~t!~!!!!~fW-~~j[iI!I"f,OO:li&''''},t.-i>ilii;r~$jl''')'II;,at<<fu!..~",'uhh,'''-I,L"-'Hw:;;,;"",.H;A''''\di,p~t~Mljjf.]l'J)l ,;Ii,.....J!t!lJlllliIIL fiJ:.~liISi:.fill . ,0. !i,. :l~l t~~' b.. I IlLJIUILl . ll.""ljllJJ!!I!J'l"'"",~"., ., ~ ,,_<, ,r ~'",~, ._._ "~,,~_,,=,,'<L_',, ,J_'" . ~"n - ~ t (") 0 (") c: ., :s: z v [J.] 0 mfn .,,-- 2::1.:._' 7 r- C'.) ,.. '" (f) t.-' 0:, -< ,,-;:' r:,-'- -. :t~ !s -0 - - .,':() I]'; C. '-..,.' Z C, s:; =< C.}) :n -< . ,. '--I ~ -, .", ,', I, 1 ' ^" , ~ _. ~ APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM v. GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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. understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. . K f April K. Berzinec . , ,j ~ - , " ...........1 i .1 ';j:~~~i~~m~~$;~'W:.__]lJ1'l~j'",,~ei',&<'j.;'f;'''"'''''!~''- ;,ci'''i!l6W'':<1(-%~~__3il--''''~'- 'lit' r liJ_i![ UJJIIllllTl ,~,,' #, .. 0' ,.". ~~~ liUil!!litlllb.ru. '.li'l\:8~ - (") C --at[ rnlP ;S~,!- ~:,:" ~,- k:'"'''-'' ~C) ,so )>c': -/ ::J '""""'';;'-~~,~~i!liI. C".=. -"".. ~~ 1"0 ()') ~.> > ITI ~ -0 .-"T ~-'-'~ .,j-;', , ~-I ., "(' . ~~,~~i ._~ ':!:2 1- C.') ,~~('- ."'-~ '2: ;::) (1' to(: ,', ~I', I J_ , "'. .,1.;1 ;, :' ~ ~"'--'''''"",,";,! APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. \' (( / 2><( en .,,-,-----,----- ~~~.i~iffl:~~,.;'!!t;~1ill@H"'l!!1'Jt._c;,'i:!i!~;;k""'1ilitj:0,,'"\C'J'":_:.'n'''nt:,''''i_-',;;""",,,,-,.,,,,:..ijj~t'li';ilim\'~1ffil'ili~~_\il!'_~~~~i!lJiSiliIlil-' ""'--"~tMJ*"ir:"~" {,~f- L, Cf 0 0 c .' c: -'\'\ :s:. z -oni c:::> rTlrn .=: Z-" -;:=::.... N Z:.,~" ("1) ~-, ~\....,. ~c -- -'C :P'c '!:-~: '0 :::> :C\l -< (1'\ -~ ,_..,-~ -= , ! - 11 .,'. ". 1,1; '. ~,,-""';l'J.";;,';, , ',- ~~\;'i'i . ~ " '- ... APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 17, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, i !1 1'1 ! and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. ~ , 1_,1 '111.1 ....,f, . ~" ",.Jo ~;J:' .. ,-~. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: lJ)::LZ!OI ~ ., r- #.~~rn~lJljilllli~i\t\il~II'1J~4iJ\\l~i4:{f~JilliHi,AAii\!<;,jJJtf~~t'*,i~il'i1~I",jr',,,,,,."8.'~'i'"" a,0'7~,"_'Hi:l~"_';'Y-i:&'1ll'm~_lM ~ 2:5 }C.p ,.J11 l[ LL...". .. ,'~ '. ,~ '", "',. ,~ ".__9, ,_~, .~ ,~,. ,~ ",. <" j3Mi-fij-' ..~_*~~~~ " . o c "T11=i; fn V"':; 71'7, i%~:~-:,I rs;~:; :;::::,~.I ':Z C) ::e;C; C 2: -, -< . /ldiiM'~o' ..' ,.. -.", 4=1 u C.J ~: C::) ~~.. J"\.) Co ,~-;. .::) 0'" w ,~;Ii;jj ~"- , , ,,'1 APRIL K. BERZINEC GREG G. BERZINEC DATE: / 1~/11/bl n( Z-'l (7co1 f 5 6/ 1'-(0-1 i.H> I ... - L Yb, n ;! ,I, 1 _ ,..I I ,-L ~~ , 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01-2991 19 CIVIL IN DIVORCE Defendant STATUS SHEET ACTIVITIES: ~\~~~~A ~ ~D/)-. a. f- I: ~D p,M. F \ "". -- - ~ - .IJ 1-, .,-' , , " . """0.... _~ '--'-'01< APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE TO: John R. Fenstermacher Attorney for Plaintiff Thomas S. Diehl Attorney for Defendant DATE: Monday, August 13, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . .. ,/ .~ . - i ~ .-. J_ 1~1 ~;. ' ~.. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~ - ,L' '" I~~l W l ~"J --....~ '-", ~ , ... . '" In the Court or Common Pleas or CUMBERLAND Connty, Pennsylvania Phone: (717) 240-6225 1l0MESTlt: RELATIONS SlocnON 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, I'A. 17013 SEPTEMBER 20 2001 .-ax: (717) 240-6248 , O!- aqcU ~;vi\ Plaintiff Name: APRIL K. BERZINEC Defendant Name: GREGORY B. BERZINEC Docket Number: 00732 S 2001 PACSES Case Number: 90910379(!("> ~" 7 Other State JD Number: Please note: All correspondence must include the PACSl<~S Case Numher. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self"employed or if you are salaried hy a business of which you are owner in whole or part, you must also till out the Supplemental Income Statement which appears on page two of this income and expense statement. ) INCOME STATEMENT OF A~(i l K OCJ2tne-<:.- Section I: Income and Insurance INCOME: ElI1l'toyer ~ D.\+.. e.. s Address \ 0 W. H Ct-, "':> ~ Type of Worl< e ':1 -I: Payroll No. (;e..(!.,'t\lc, Gross Pay per Pay Period $ e.-c~. VC~ II 0 s-S' Itemized PayroJl Deductions; Pay Period (wkly. Federal Withholding $ 11.l;.U< Social Security $~y,,,,, Local Wa.ec Tax $ 'l't~j State Income Tax $ ~".;;lt Rctiremenl $ ,- Savings Bonds $ .- Credit Union $ - Life Jllsurani;e $ .- Health Insurance $<.llj.q.. Other Deductions (specify) $ $ $ $ Net Pay per Pay Period $ II.{ l. ~ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension AII""ity Social Securitv Rents Royalties Expense Account Gifts Unemployment Workmen's Comoensation Other Other TOTAL $ $ $ TOTAL INCOME $ PROPERTY Ownership '" OWNED DESCRIPTION VALUE H W J Check.ing Accounts golls [1.,11/ $ 0'- v' Savings Accounts I/o IOG- V Credit Union Stocks/Bonds Real Estate Other TOTAL 1$ * H=Hushand; W=Wife; J=Joiut Service Type M Form IN-OOR Worker 10 21105 -.. ,..,1.1_," jw~ 1." ~ . .. IncOIne and Ex-pense Statement PACSES Case Number 909103790 INSURANCE Coverage * COMPANY POLICY # H W C Hosvital Blue Cross Other Medical Blue Shield Other Health/Accident Du;ability Income Dental Other * H=Husband; W=Wife; C=Chlld Section II: Supplemental Income Statement a. This form if; to he filled out hy a person o (1) who operates a business or practices a protession, or o (2) whn is a member of a pal1nership or joim venture, or o (3)' whl) is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy orihe following documents relating to the partnership, joint venture, llUt;incss, protession, corporation 'or similar entity: (l) the most recent Fedef"dl Income Tax. Return. and (2) the most recent Protit and loss Statement c. Name of business: Address and telephone number: d, Nature orhusiness (check onc) o (I) partnership o (2) joint venture o (3) profession o (4) closed cOf[loralion o (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per ray period: (3) Net income per pay periOd: (4) Specilleu deductions, if any: Page 2 of3 Form IN-008 Worker lD 21205 Service Type M .~~" ""~-<'-~'~-~" H , -- \ Income ami Expense Statement Section III: Expenses PACSES Case Numher 909103790 I: I_I """"'" ~~J .. _~_,~" ~~ _"'" .I"" ~;'iillk ~ (l1sl{uction~: Only ~how extraordinary expenses in this section unless you filled out Section II 011 page two. The categories in ROLO FONT are especially important for calculating child support. If you are requesling SpoLlsal Support/APL or if you assert your case calUlol he dClennined according to the guideline grids or formula, Ihis section must he fully completed. Total Ex enses: I verify that the statements made in thL.. Income and Expense Statement arc true a~d correct. I un~er~t~nd. that raise .. statements herein are subject to the criminal penalties of 18 Pa. C .S. ~ ~r' rel~hng to un.<;worn ;abnhcahon :0 authonl1es. II' It" ~ J _i:ldk{ Ke IlU'_?CIJ-C- Plaintiff ot'Defendant ',-) ., iI' / de ~ \::-7 ~\'\ ~;."j' (Fill in Appropriate Cnlumn) EXI'ENSES WEEK MONTH YEAR HOOle Mortgage/Renl $ $ Y'7 Oft $ Maintenance 'let 'c~ Utilities Electric $ $/1)(: eC-C $ Gas '- Oil - Tel~phone Ifill, C-() Water '({).fT) Sewer "iv.&~y It' i qi-'1.' 3l..i." """ Emr>lovment Public Transport. $ $ ,- $ Lunch - Taxes ( Real estate $ $ - $11""'.(;'<0 Personal Property. . "'Ie " J - 33';.. W Immrance '( Homeowner's $ $ ~ $ '37l''!- Automobile (..0 c-t Lift <", -'.r#/ ~~.rt' i1'"n,''''' Accident Af'L L "Yl.rl) Heald. Oll1er di'>.'~ili ' Aft-,.\(. ,'"fort' Automobile Payments $ $ - $ Fuel :'f()H' Re{lairs Ii.lt~'- 5il} d Medical Doctor $ $;2C /-() $ Dentist Al" Ac.. ,2;'- rl Odhodontisl .~ Ho'pital , Medicioe Spe<.al"<w" - (gla.~1 hraces, .rlhonedic devices Date Service Type M EXPENSES (Pill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial Schaul - College - Religious --' Personal Clothing $ $~ $ Food l./,.-JII "" Barber/ .:l.s."~ 3ft, .&' Hairdresser Credit Payments 5t~.I-t Credit Card /11;.., p.;~ . Charge - Memberships - Loans Credit Union $ $ - $ ,/ (;'.71..; h I i-ll.' f: ' ; . Miscellaneous Household Help $ $ $ CbiIdrare - Papersfbooks - Mapazines Entertainment Par TV ~.::. Vacation -' Gifts - Legal fees 1/1,/1) Charitable - Cnnl.ibnl; ~':'rt d _e Alimooy - P..m..... Other $ $ $ MONTH 3tH .'':' $ YEAR Page 3 01'3 Ponn IN-OOR Worker 10 21205 _', "_,,., e;_"_"_"i~;,"'_".<l";,>l>!,,f,,-,,,"",,"t,"~f<,~,o..ii<wJdt..;;;-,-,~,"~,:;M':",,-"iJM~~",.""~~m. Jil ":'il-""u;;:k~l~l\M.l~1:i1!Ai!Jjwi~I'i!iiNiilfiim,~~i&",!;,~,~"i''-i!'>l ... .. ~'~'~'-'~ ,,' ,~-- , -<~.,~ -~-, ., ,,--, ~~- ." .~ ~l?'-d- ....~ .. I 0 c:' C) ~ ,j z ,-" i:l C.L1 0 rn fl-j n::__ " :..-r:.~ "7 :(, r--- L l' j""":"i ~-,,:~;.: Cl (::; C:-C:,; :::2 ~T, "- !~~ -n d:::,-', ....... e-:, L )> - f:? j'n , -' Z --1 '" )':> -< .:D -< O~ -< . , ~--, , ' 1-, I ;-_ ,,', 0.:.. ~ " \--', ,_, _~ " APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION IN DIVORCE INVENTORY OF APRIL K. BERZINEC Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. FENSTERMACHER AND ASSOCIATES, P.C. ....... Jbhn . Fenstermacher , Supreme Court I.D. #29940 5115 EastTrindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: /0.;J. 5.0 f . --~ ,-"~ , 1--1 '-;-1..;.1,,;, c _, _~.-_,,, __,--,:', .~ " '0 - _~~ Assets and Liabilities of Parties Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages. Real property and Real Estate Mortgages. Motor Vehicles and Vehicle Liens Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryNA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Loans Credit Cards Other debts (X) 1. (X) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. (X) 14. ( ) 15. ( ) 16. ( ) 17. (X) 18. ( ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (X) 24. (X) 25. (X) 26. (X) 27. (X) 28. (X) 29. " .' I. MARITAL PROPERTY AND MARITAL LIABILITIES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR LIABILITY HUSBAND WIFE 1. REALESTATE: , , , , A 5124 Erb's Bridge Road 125,000.00 MechanicsburQ, PA 17050 , , B.1 1 st Mortgage 87,000.00 National City B.2 2nd Mortgage 45,000.00 PNC Bank, N.A. ~ , ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR LIABILITY HUSBAND WIFE 2. , MOTORVEHICLES; " , A Husband's 1997 Jeep 9,600.00 9,600.00 Cherokee C Wife's 1993 Ford Probe Premarital : , 19. RETIREMENT PLANS AND , IRA ACCOUNTS; , " , , A Husband's Retirement Plan Unknown Unknown 25. HOUSEHOLD GOODS AND, .', :FURNISHINGS(AfTACRED :: " , , LIST IFJNDIsPUTE):' , , , A Husband's Household 16,775.00 16,775.00 Goods (See attached list) B Wife's Household Goods 2,925.00 2,925.00 (See attached list) , , ITEM DESCRIPTION OF ! VALUE VALUE TO VALUE TO NO. PROPERTY OR LIABILITY : HUSBAND WIFE 28. CREDIT CARDS' . . A Chase MasterCard Account (1,125.33) (1,125.33) #5260 3111 4035 6358 B Capital One Visa Account (2,232.13) (2,232.13) #4121-7418-2691-5998 C Home Depot Account (347.72) (347.72) #51 7951 0048576 :D Citi Platinum Select Card (961.76) (961.76) #5424 180304238535 E AT&T Universal Card (3,648.56) (3,648.56) #5491 130011818192 F MBNA America Account (1,532.07) (1,532.07), #5490995767738187 G American Express Account (1,803.27) (1,803.27) #3734-909235-92002 29. OTHER DEBTS .' . . .... Payments on Joint Charges (1,275.00) (1,275.00) made bv Wife Mortgage Payments on Joint (4,337.45) (4,337.45) Obliqation made bv Wife Home Equity Loan Payments (2,314.05) (2,314.05) on Joint Obligation made by Wife , TOTALS .' . .' . '. . Total Marital Properly 266,722.68 26,375.00 (16,652.34) ~ II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION I.. ITEM NO. 25. ABOVE Plaintiff lists all household goods and contents in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of ~eparation, the total value of which is specified in Section I., Item No. 25, above: PROPERTY IN THE POSSESSION OF HUSBAND DESCRIPTION I MEtHOD .' EVI[jENCE TO VALUE BASIS FOR OF BESU13MflTED' EXCLUSION .IF VALUAtiON , INSUPpQRT CLAIMED TO BE , OF VALUATION NON MARITAL Personal c10thina 500.00 Guns. cabinet , , and snorkel aear 2,750,00 Fishing gear and accessories 1,500.00 Camping Eauipment 500.00 Computer books and personal papers 50.00 Homemade VHS tapes and cabinet 550.00 His CD's and , , , , tapes 150.00 Personal family oictures 50.00 Bottle collection 5,000.00 % brass trinkets 150,00 7 pictures from bedrooms (Usher & Dollie, etc.) 250,00 Oriental rug 750.00 Dresser (spare room) 100.00 Entertainment , , , center (spare i room) 50.00 I 19" TV. 50.00 I VCR 25.00 I , '. 25.00 Old TV Outdoor bar and 300.00 chairs Blue kitchen 50.00 dishes 50.00 P<lQ.ason chair , , Bass boat and 1500.00 trailer Kayak and 350.00 _~addle 800.00 Scanoe y,; Christmas 125.00 decorations Filing cabinet with personal 50.00 p~ers 100.00 , Personaljewelry Spanish sword 500.00 i (father's) , 500.00 , Brass flatware 1 , '" 16775.00 " , .c,. " 'I.,' ' ~, PROPERTY IN THE POSSESSION OF WIFE DESCRIPTION METHOD , EVIDENCE TO VALUE BAS,IS FOR OF' BE SUBMITTED EXCLUSION IF , I VALUATION IN SUPPORT' CLAIMED TO BE , I , ' OFVALl)ATION , NON MARITAL Kayak and , paddle , 350.00 Lawn mower and other garden tools 100.00 Tools and miscellaneous (garage) 100.00 Refrigerator in QaraQe 50.00 Freezer in , , garage 50.00 Washer (new) 200.00 Drver 50.00 Y. Christmas , decorations 125.00 Patio furniture , 300.00 , Kitchen table and chairs 50.00 Living room sectional 100.00 2 Entertainment centers 50.00 27" TV. 75.00 Desk and chair 50.00 Coffee table, , lamps, end table 150.00 19" T.V. 50.00 VCR 25.00 Old TV. 25.00 Y. brass trinkets 150,00 7 pictures from I bedrooms I (Usher & Dollie, etc.) , 250.00 Cookbooks 200.00 3 other pictures (spare room) 75.00 Bedroom suite 200.00 Miscellaneous kitchen items 150.00 . ........ . .... 2;92-5.00 III. PROPERTY TRANSFERRED Plaintiff lists all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: '/TEIVINO'I' DESCRIPTION OF . DATF: OF ' CONSIDERATION NAME: OF , .. ' PROPERTY :tRANSFER , TRANSFEREE , I None known ,,,,,,,,,,"~~ , ,_ ----,I, :-_, " ,~ 1...1- ~ ,,: <, , - :, l<'. - ,,_'V ',_- , , -" O' , 1- i'iIU<ll>.W CERTIFICATE OF SERVICE AND NOW, on this c2~ day of October, 2001, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Inventory by mailing a true and correct copy by United States first class mail, addressed as follows: Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 FENSTERMACHER AND ASSOCIATES, P.C. ;5 .'ili.:_~~'ilill0!f.,~",,,,-~i\;'~lili'4'~*"'lI:!.''iW''","~ilf'';C.J. :':j,i-'i.~"',__uOo.,,1-y,-'<'''''~'':;';'';'_-r';,'' ).;",,;i):,'!::~~'i\'l""':i~.b1l1illt!ltlliIDllii~f.tilti~dm@m,~~TAi;~iil,",-,*& -~i1l'!1til!1f ,,- <::;0' IV:> ,lIJ 1111 ',~,H ,. ..~_ lL.--Y'>'-~oiII -, ~ 11':'1 0 C) () C '1 I '-"~ C> :'CCI ;:gK:~ CO) .---1 ;-~L :'0 "-" t~, CO.-:-,,: 0'", -< ~,-:,,- C> [:'CJ ~f\ ''';:1 C"'~' ." _.-". () 1'0 ~"-;-In ;pc: ".J ,., / ~ =<! c.) -< I' _I' ,~ ,I..IIL'-_~ <"-'" '- , , > .i . ,- '~~i -. .' ott162~ APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant : CIVIL ACTION IN DIVORCE PLAINTIFF APRIL K. BERZINEC'S PRE-TRIAL STATEMENT PURSUANT TO PA; R.C.P. 1920.33(b) AND NOW comes the Plaintiff, April K. Berzinec, by and through her attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Pre-Trial Statement, as follows: 1. List of Assets: Inventory of April K. Berzinec, attached as Exhibit "A" hereto. 2. Experts: It is not anticipated that experts will be required for the hearing. Plaintiff reserves the right to present an expert appraisal of the marital home. While Plaintiff does not expect to call an expert regarding the tangible personal property of the individuals, Plaintiff reserves that right. 3. Non-expert Witnesses: April K. Berzinec 4. Exhibits: A. Income tax returns of Plaintiff and Defendant B. Appraisal of marital home C. Pay stubs of Plaintiff and Defendant D. Receipts for various personal property E. Credit card statements, mortgage statements ~ ',- i'- " '-,' I l' ..' JII > "- '-'.- "'~",..-: -- "l'ilii!-tt{;i '- .' Plaintiff reserves the right to timely supplement this response upon receipt of relevant information from the Defendant or upon discovery of additional information. 5. Plaintiff's Income: See Plaintiff's Income and Expense Statement is attached hereto as Exhibit "B". 6. Pension Value: Plaintiff has no pension. Defendant's pension has not been valued. 7. Counsel Fees: Plaintiff requests payment of counsel fees in the amount of $1,500.00. 8. Disputed Value of Property: The parties have been unable to agree as to the location or value of the personal property involved in this transaction. Accordingly, all items listed on the Inventory of Plaintiff are in dispute at the present time. 9. Marital Debts: See Inventory of April K. Berzinec. 10. Proposed Resolution: Plaintiff will retain the marital home and assume the two mortgages encumbering the property. Defendant will pay one-half of all credit card balances excluding the American Express card balance, which will be paid fully by Defendant. The MBNA credit card will be equally split between the parties and a $6,000 payment to Plaintiff for assumption of the obligations on the marital home will be made by Defendant. Defendant will pay Plaintiff one-half of all payments made on account of joint obligations since the date of separation. Personal property will be divided as set 2 , r,j ~ , ~' " -,.'1..1 ." ""~:';':>,;,,~",,-, __', 1-" "'~'; forth on the Inventory attached hereto and incorporated herein by reference. Defendant shall pay counsel fees of Plaintiff in the amount of $2,500.00. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. J hn R. Fenstermacher upreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: October 25, 2001 3 " I ' ... EXHIBIT IAI : "",-.-1,:1 " I - ,eo,-"," "',;;-;, I..." ';jj Wi " ~~ I~ ,I, I 1,,1 '_"'~ ~, 1,,-,-,".,,-.,-,): ... APRIL K. BERZINEC, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant : CIVIL ACTION IN DIVORCE INVENTORY OF APRIL K. BERZINEC Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. FENSTERMACHER AND ASSOCIATES, P.C. ~" .~ John : Fenstermacher Supreme Court I.D. #29940 _ 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: /O-,;2S.0{ l i , .I...L"" ,-, 0- J ~ "0', ... Assets and Liabilities of Parties Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages. (X) 1. (X) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. (X) 14. ( ) 15. ( ) 16. ( ) 17. (X) 18. ( ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (X) 24. (X) 25. (X) 26. (X) 27. (X) 28. (X) 29. Real property and Real Estate Mortgages. Motor Vehicles and Vehicle Liens Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryNA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Loans Credit Cards Other debts J. MARITAL PROPERTY AND MARITAL LIABILITIES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR LIABILITY HUSBAND WIFE 1. REAL ESTATE: A 5124 Erb's Bridge Road 125,000.00 Mechanicsburg, PA 17050 , , B.1 , 1 sr Mortgage 87,000.00 National City B.2 2na Mortgage 45,000.00 PNC Bank, NA ITEM DESCRIPTION OF VALUE I VALUE TO VALUE TO NO. PROPERTY OR LIABILITY HUSBAND WIFE 2. MOTOR VEHICLES: ' c: , A Husband's 1997 Jeep 9,600.00 9,600.00 Cherokee C Wife's 1993 Ford Probe Premarital 19. RETIREMENT PLANS AND IRA ACCOUNTS: A ! Husband's Retirement Plan Unknown Unknown 25. . HOUSEHOLD GOODs"AND FURNISHINGS (A IT ACHED '.. LIST IF IN DISPUTE): ' A Husband's Household 16,775.00 16,775.00 Goods (See attached list) B Wife's Household Goods 2,925.00 2,925.00 (See attached list) ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO I NO. PROPERTY OR LIABILITY HUSBAND WIFE i 28. CREDIT CARDS A : Chase MasterCard Account (1,125.33) (1,125.33) i #5260 3111 40356358 B Capital One Visa Account (2,232.13) (2,232.13) #4121-7418-2691-5998 C Home Depot Account (347.72) (347.72) #51 7951 0048576 , D Citi Platinum Select Card (961.76) I (961.76) #5424 1803 0423 8535 E AT&T Universal Card (3,648.56) (3,648.56) #5491 130011818192 F MBNA America Account (1,532.07) (1,532.07) #5490995767738187 G American Express Account (1,803.27) (1,803.27) #3734-909235-92002 29., OTHER DEBTS " , Payments on Joint Charges (1,275.00) (1,275.00) made bv Wife Mortgage Payments on Joint ! (4,337.45) (4,337.45) Obliqation made bv Wife Home Equity Loan Payments (2,314.05) i (2,314.05) on Joint Obligation made by Wife TOTALS , Total Marital Property 266,722.68 26,375.00 (16,652.34) II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION I.. ITEM NO. 25. ABOVE Plaintiff lists all household goods and contents in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation, the total value of which is specified in Section I., Item No. 25, above: PROPERTY IN THE POSSESSION OF HUSBAND DESCRIPTION METHOD EVIDENCE TO I VALUE BASIS FOR OF , BESUBMITTED EXCLUSION IF VALUATION IN SUPPORT CLf\IMED TO BE OF VALUATION NON MARITAL Personal clothina 500.00 Guns, cabinet and snorkel aear 2,750.00 Fishing gear and accessories 1,500,00 Camping Eouioment 500.00 Computer books and personal papers 50.00 Homemade VHS tapes and cabinet 550.00 His CD's and tapes 150.00 Personal family pictures 50.00 Bottle collection 5,000.00 % brass trinkets 150.00 7 pictures from bedrooms (Usher & Dollie, etc.) 250.00 Oriental rua 750.00 Dresser (spare room) 100.00 Entertainment , center (spare i room) 50.00 19" T.V. 50.00 VCR 25.00 ! 25.00 OldT.V, Outdoor bar and 300.00 chairs Blue kitchen , 50.00 dishes 50.00 Pa~ason chair Bass boat and 1500.00 trailer , , Kayak and 350.00 paddle 800.00 Scanoe y:, Christmas 125.00 decorations Filing cabinet with personal 50.00 pa!>8rs 100.00 : Personallewelry Spanish sword , 500.00 (father's) 500.00 Brass flatware 16,775.00 '-'..:::. ...:.. " , PROPERTY IN THE POSSESSION OF WIFE DESCRIPTION METHOD EVIDENCE TO VALUE BASIS FOR , OF BE SUBMITTED EXCLUSION IF , VALUATION IN SUPPORT Cu:\IMED TO BE OF VALUATION NON MARITAL Kayak and oaddle 350.00 Lawn mower and other garden tools , 100.00 , , , Tools and miscellaneous , (qaraqe) 100.00 Refrigerator in QaraQe 50.00 Freezer in qaraqe 50.00 Washer (new) 200.00 Dryer 50.00 Y:i Christmas decorations 125.00 Patio furniture 300.00 Kitchen table and chairs , 50.00 , Living room , sectional 100.00 2 Entertainment centers 50.00 27" TV. 75.00 Desk and chair 50.00 Coffee table, lamps, end , table 150.00 : 19" T.V. 50.00 VCR 25.00 Old TV. 25.00 Y:i brass trinkets 150.00 7 pictures from , bedrooms I (Usher & Dollie, etc.) 250.00 i Cookbooks 200.00 3 other pictures (spare room) 75.00 Bedroom suite 200.00 Miscellaneous , , kitchen items 150.00 , ' , 2,925.00 III. PROPERTY TRANSFERRED Plaintiff lists all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: ITEM NO. DESCRIPTION OF DATE OF CONSIDERATION, NAME OF PROPERTY TRANSFER TRANSFEREE ' None known ~ ' I : , , ,~I I' , ' AND NOW, on this CERTIFICATE OF SERVICE 7~>-i! ex (:, day of October, 2001, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Inventory by mailing a true and correct copy by United States first class mail, addressed as follows: Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 FENSTERMACHER AND ASSOCIATES, P.C. "' , ohn R. Fenstermacher .'_. Ii'; . ~.d-;1 . -, '0' k.'~'l__- i-, ,,'--, EXHIBIT IBI ~. 1..;1 , ~~ ' In the Court of Common Pleas of CUMBERLAND County, Pennsylvani"a DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE. PA. 17013 Phone: (717)24~225 SEPTEMBER 20, 2001 Plaintiff Name: APRIL K. BERZINEC Defendant Name: GREGORY B. BERZINEC Docket Number: 00732 S 2001 PACSES Case Number: 90910379(1('(; ~-~7 Other State 10 Number: Fax: (717) 240-6248 Mease uotc: AU correspondence must include the PACSES Case Nluuber. Income and EXDense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner ill whole or part, you must also till out the Supplemental Income Statement which appears on page two of this income and expense statemeIll.) INCOME STATEMENT OF A~(i l K DC- ('2..\C'ltcG Section I: Income and Insurance INCOME: Pay Period (wkly. Employer e..Ch. ile........ \losS' Itemized Payroll Deductions: Federal Withholding $ I tl; Ul> Social Security $ .:;-......., Local Wa~e Tax $ "1,'1'1 Slate Income Tax $ ~lt.5''' Retirement $ Savings Bonds $ .- Credit Union $ Lire Insurance $ .- Health Insurance $ 4'\.'1"- $ $ Other Deductions (specify) $ $ Net Pay per Pay Period $ I \.t \. ~ OTHER (Fill in Appropriate ColulUn) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension AIIn"itv Social Securitv Rents Royalties Expense Account Gifts Unemployment Workmen's Comoensation Other Other TOTAL $ $ $ TOTAL INCOME $ PROPERTY Ownership * OWNED DESCRIPTION VALUE H W J Checking Accounts 8./ls {f.,ltj $ 0'- IV Savings Accounts (f 100 - t/ Credit Union Stocks/Bonds Real Estate Other TOTAL 1$ * H=Husband; W=Wife; ]=]oinl Service Type M Form IN-OOR Worker 10 21205 I.i ..1 L. L:...>. ~", ~, I ~ lilt' '~ Income and Expense Statement PACSES Case Number 909103790 INSURANCE Coverage * COMPANY POLICY N H W C Hosvital Blue Cross Other Medical Blue Shield Olller Health! Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement a. This t<mn is tn he filled nut hy a person o (l) who openltes a business or practices a protession, or o (2) who is II member of a pal1nership or joint venture, or o (3) who is a slwreholder in and is salaried by a closed corporation or similar entily. b. Attach to this statement II copy of the following documents relating t.o the pannership, joint venture, business, protession, corpo[l)til)o or similar entity: (J) the most recent Fedentl Income Tax Return, and (2) the most recent Peot1t and Loss Statement c. Name of business: Address and telephone number: d. Nature of business (check one) o (l) partnership o (2) joint venture o (3) profession o (4) closed corporation o (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specilied deductions, ir any: Page2of3 Form IN-008 Worker ID 21205 Service Type M ,( f-f(~~\Y :;/""3' l Income and Expense Statement II ~, ' k...~ '-;"~hi Section III: Expenses PACSES Case Number 909103790 1I1,>truclions: Only show ex.traordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important tor calculating child support, If you are requesting Spousal Support/APL Of if you assert your case call1iot he detennined according to the guideline grids or formula, this section must he ti1lly completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Relll $ $ 9'1C,C'fJ $ Maintenance -'~j),rl Utilities Electric $ $/5(; ./Ji) $ Gas '- Oil - Telephone /1111, C-t) Water q iJ J() Sewer ~il).e",Jl!i q y. /1.' 32...'; Mlh I Emolovment Public Transport. $ Lunch Taxes Real estate $ Personal Property _ - '-' j. ..J Insurance Homeowner's Automobile $ ,- $ $ - $/tO''J.rr- 3~,';" $ '37l.'!.. $ $ - t"J .-1: ell..l..rH, _"i,~ ..d) :)\r,rl i1 .. ..-II, Life Accident AFL (. Health Other c/,",./;Jili Automobile Payments Fuel Repairs Medical Doctor Dentist OrUlodontist Hospital Medieioe Spoclal "eens (gtaliSeS, hraces, orthnnedic devic ,Aft-A<:-,I; K' $"- :StH' Il.jp'~=-- $ $ 511: ,~ $ ;;lei-/) $ /2~rl $ Af" Ae. EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private Scbool $ $ $ Parochial School College - Religious -- Personal Clothing $ $ $ Food UHI IJi BarberI .:2.;:';)." 3tte't' Hairdre,,,,, Credit Payments Stt,l-1: Credit Card 1l1,'/I')'pt'.'f: Charge - Memberships - Loans Credit Union $ $ - $ t-I. C."., lu ' If.iI..~,: Miscellaneous Household Help $ $ - $ Child eare - Paperslbooks - Mapazines Entertainment - Pay TV ~.::. Vacation - Gifts - Legal fees 1ft ,rc Charitabte - ConlrihUlions :,::~;;hild -. Alimony - PAvm""t< Other $ $ $ I Total I WEEK, MONTH i<' YEAR Expenses: $ l~tfV" ciS :.3'tAt. - $ I verit' that tile statements made in this Income and Expense Statement I!re true and correct. I un~er~tand. that false ., statem~nts herein are sul~iect to the criminal penalties ot' 18 Pa. e.s. ~ 4904, relating to unsworn falsificatIon to authontIes. ~LJJJcl K.I{LiL~l-'~<-- Plaintiff olDefendant. ( , // Dale ! &'" ~ / Service Type M Page 3 of3 Form IN-IKI8 Worker ID 21205 .-~ -I," i; '''__ IJ c_',__,_;<_". ':,1:, CERTIFICATE OF SERVICE AND NOW, on this ^ J..s;1: day of October, 2001, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Pre-Trial Statement by mailing a true and correct copy by United States first class mail, addressed as follows: E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 FENSTERMACHER AND ASSOCIATES, P.C. ohn R. Fenstermacher -", F""' - ;.1:-_""_" II ,-" t<llili:i' ~-~,- APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: John R. Fenstermacher Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of November 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/31/01 E. Robert Elicker, II Divorce Master John R. Fenstermacher, Attorney for Plaintiff, filed a pre-t~ial statement on October 26, 2001. Thomas S. Diehl, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. ,,- ' ~. -,~.~~ - l_i I~I j..~~, (~ I~ THE COURT OF COMMON PLEAS OF CT.JMBERLAND COUNTY, PENNSYLVANIA APRIL K. BERZINEC, Plaintiff vs. GREG G. BERZINEC, 01 -::2.'1Q I NO. 01-299~ CIVIL TERM April K. Berzinec a master with respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (lOOOiiflBMli) , following claims: moves the court to appoint Lite ( X ) ( ) ( X ) (X) Distribution of Property Support Counsel Fees Costs and Expenses , and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The def~ndant (has) ~ appeared in the action (~lOJfolOY,Y,101!1<I1Y) (by his attorney, Thomas Diehl ,Esquire). (3) The staturorY ground(s) for divorce ()ts~ (are) irretrievable breakdown and indignities (4) Delete the inapplicable paragraph(s): (a) . (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: All of the above. (5) The action (~ (does not involve) complex issues or law or fact. (6) The hearing is expected to take (7) three (3) (hours) ~. John R. (Plaintiff) (19HU'8.a~ Date: 8/6/01 ORDER APPOINTING , AND NOW II~.J 8 ,2QQ..L ~.IlJ. ~A:( Ci; tit,,;, is appointed~st4r with r'spect to the following claims: 1i.l1 Esquire, m ~J1 ,-,~, " "'_""_"",~,_'i:"'~"~"';\_"c.t;"'>j,;lliji,<*edili\1~"'\Ii,J(tllllit;~k:;'!ii;"-"'J'wJ'..!'#~'''~@i"'%'IN!~~.~i~~~h~Sli.!ii,:~f''''''^ ~-~.- ,~,",', ~ ,-,""","". o c: ? -oC::l mCD. :z:. ~),.! 7C' CR,i;.~:, ..,("."'- r::CJ z8 s>c: z =<'. \fiN\lAlASNN3d AlNnm o\rilC!:;8!i~nO 81 :lIH'J 8-:.HW iO I LM.L' V0;,.::~:,. eLl AO,-' I~V.' j~JL~::D-' :-1 \1::\ ~. "'_d,' ,. ,"._"~ o ~ ,- 0-"'") I -l ""D ~ "- .. '" ,- !i , (}'l -C) ,1 ....-\ '-r~ '-;--1 r:~ "nrn ,-.~O ,,':.0::,1. ~3~ ..c--n- Q(') Esf-r1 -"-l 5j =< -"-,, -1_1. "' . .~-- -IJ, . ~ .'~ .~ ~ ~ APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE TO: John R. Fenstermacher Attorney for Plaintiff Thomas S. Diehl Attorney for Defendant DATE: Monday, August 13, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. .~'~..._. ~I J -'" 'L.~ (',::-",. .. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Sj-;).l-O( DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (X ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. -~ -. ", -, I ,__ '.,_'r __" ,,0.._ "'-.:I~I,:, _" ~ ,. _, -';i,:;'",; . -; , , '~ FENSTERMACHER AND ASSOCIATES, P.C. ATTORNEYS AND COUNSELORS AT LAW TIlE JONAS RUff JlOUtE JOHN R. FENSTERMACHER DIRECT DIAL (717) 691.5420 *MEMJlER PENNSYLVANIA AND NEWJEIlSEYIlMl September 14, 2001 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 RE: Berzinec v. Berzinec No. 01-2991 Civil (Cumberland County) Dear Mr. Elicker: Enclosed please find an executed Discovery Certification. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: ~/D I2.Jh1l1t ie R. Shultz, cretary crs Enclosure cc: Thomas Diehl, Esquire (w/Enclosure) April Berzinec PLEASE RESPOND TO: THE JONAS RUPP HOUSE 5115 EAST 'TRR"{DLE ROAD MECHANlCSBURG, PENNSYLVANIA 17050 MECHANICSBURG OFFICE: (717) 691-5400 FAX (717) 691-5441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CfIY. NJ 08226 (609) 391-9461 ~ -.- L: - ,1.1 ',-, , J__ .. --- ~;. " , ,d '~' , APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE TO: John R. Fenstermacher Attorney for plaintiff Thomas S. Diehl Attorney for Defendant DATE: Monday, August 13, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Not applicable. ,I. 1,1 "~"~I "n'''1''''--',' "- -1 "'I' I (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Not applicable. September 14, 2001 DATE PLAINTIFF DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~'I~ 0 "<\rl~,it~i~@fHfi~~;1;iI!ll'U.f,,"-1J!d'J-.,ti:i,"',\i!J'>>tli;i"j.l'$Wi:,""'~~!Il~ili!,,"-~_ElWi'h>jifJ~WkiIllll&!i~:ti~~ - ~,,~~ llMi[ ~'.~'.d ~/ ]II ~, """lh.1il8i:'I="-;iliillll.liilft~r, ~~ ~, ~; 'it",;.;;'1 V j . ~~a~".'~~~""~"~~ J~_j;jW...",.~&~~"';oj~iIllilli"'-' i....J..'m~J .. ~j,l,~~~IrL ~~ - -'''-''E.'-''-~~!b1ib>,",.J:!<.9~:,,~1;S;'_'_. APRIL K. BERZINEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 2991 GREG G. BERZINEC CIVIL ACTION - LAW IN DIVOIlCE ORDER AND NOTICE SETTING HEARING TO: April K. Berzinec John R. Fenstermacher Plaintiff Counsel for Plaintiff Greg G. Berzinec Thomas S. Diehl Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 14th day c'f March ,2002 at 1:30 ct \.:I1'c', --.-- p.m. place and time you will be given the opportunity to present witnesses and exhibits in support of your case. "ih Hoffer, President Judge Date of Order and Notice: 1/28/02 By: Divorce Master 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 J3AI1 ASSOCIATION 2 Ll J3ERTY 1\ VENU E CARL 1 ~;J.E. PI'. 170 1:\ TJ-LEP1H);\!F ( l-I) )t4~)_.3]C)(1 -,,-~ --. , , 1,,,,1 ~' ~ '~llf~;j " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. APRIL K.BERZINEC. .." Plaintiff File No. 01-2991 Civil Term vs. IN DIVORCE : GREG G. BERZTNEC. Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff~~ in the above matter, having been granted a Final Decree in Divorce on the 26th day of March, 2002 prior surname of Deamer , hereby elects to resume the , and gives this written notice pursuant to the provisions of 54 P.S. S 704. Signat Wlfi ~ I ' ttA- Sign ture of name being resumed DATE: -'/-/5-02. COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND rlv On the _ /5 day of April 20~, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ~~a,~' otary Public NOTARIAL SEAL ROBYN A, CAONtN. Notary Public Mechanicsburg Boro, Cumbefiand County My Commission Expires Sept 23. 2002 ),,,,,,,,,~.;~..':",;:j.i,,,,,,,,,!,,t',"}i,"".ci'<,"",,,i,,,,,,~;:lt;~!O';pt~!l'l,'tJ@&l;Otl.~~.t;W~--'~>M._iliP."'_"'""'~~t.\.WJl!jJi~~~~rulBr.I.f*iI ~il!tM1I!I "", f:,3 K~ ~ p ..(q 2 0 Q ~ !', ~ -~ 1~ s- O ""'0-0:-\ 4::l ~--1 rnq~\ :~o ',-'. ..-,rn 0 z__,~ ,";--\ "- Z';c: ,ry-, ~:,~~ ~? ~ ~~ (f;, ~ :%.e:; <;cC -0 ;' ./ ',-'I"' - :}.Sl, ):? C' ..;;. z(; r:? ~":~j l' 10 :p>c ~ " 3': '0() lS :2 :.;.) ~ .-' -.......[" - ~" ." ~~ ~,' <". 1-, ."""," ~, .' " '", ._1 _ J ,. ~, '..' ',1...1,,- , ,,;, " -.' ,",e-,-'.'.' 'n<,>o--," ~'-iL -j'iIi~"!i APRIL K. BERZINEC, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-2991 CIVIL TERM GREG G. BERZINEC, Defendant CIVIL ACTION 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. ;'] 2. Date and manner of service of the Complaint: June 1, 2001, via Acceptance of Service by Defendant's counsel, Thomas S. Diehl, Esquire, recorded June 8, 2001. ~i <'-' :::J :::J "~oj "' 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff November 28, 2001; by defendant November 28, 2001, and previously recorded. 'i H !"j " ,'I 4. Related claims pending: None. All related claims resolved pursuant to a Se"'emem A,..emem, d""d Mom, 14, 2002, o..oh~ / JO, rn R. Fenstermacher, Esquire "-Attorney for Plaintiff ~'IJ~ < i . U/..€'r_ Pial tiff , rj ~ i , ."" ;1 ,'~ ~__ i.:1i.,J -'l,,' ;_,c,,_,~__c .' > ,"L~ APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 2991 CIVIL GREG G. BERZINEC, Defendant IN DIVORCE THE MASTER: Today is Thursday, March 14, 2002. This is the date set for a Master's hearing in the above captioned divorce proceedings. The divorce complaint was filed on May 17, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have advised that the parties are going to conclude the divorce under Section 3301(c) of the Domestic Relations Code. In furtherance of those grounds, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under the no-fault provisions of the code. The complaint in divorce also raised economic claims of equitable distribution and counsel fees, costs and expenses. After considerable negotiations throughout the course of these proceedings here in the Master's office, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The ~ '-" .--"--- ,., I,: . -~, '.,-,. " ',~" -~ , ,,1',,1,_, , .',', ,'.-', "",-.1 agreement as placed on the record will be considered the substantive agreement of the parties not subject to changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room they are bound by the terms of the agreement as stated on the record even though there is not subsequently a signing of the agreement affirming the terms of settlement. As part of the agreement, counsel are going to attach a judgment note which is going to be provided later , i! today which is going to be signed by the Defendant, Mr. Berzinec, and will be made part of these proceedings and part of the settlement in this case. Present in the hearing room are the Plaintiff, April K. Berzinec, and her counsel John R. Fenstermacher, and the Defendant, Greg G. Berzinec, and his counsel Thomas S. Diehl. The parties were married on May 18, 1996, and separated in May 2001. There are no children of this marriage. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to Court requesting a final decree in divorce. Mr. Diehl. ""'" ~ 1:.,1...1 l" ,', c___e",:" -- . -, ,,_:_,~ .~-', MR. DIEHL: The parties agree to dispose of the marital property as follows: 1. Regarding the marital residence, wife will assume first and second mortgages, in return husband will execute a deed giving all right, title, and interest to wife within ten (10) days of today's date. A deed will be prepared by wife's counsel. 2. Husband shall execute a consent to judgment in the amount of $22,226.93 which will be payable to wife within the terms indicated therein which is attached hereto to as Exhibit No.2. The note will contain provisions permitting entry of judgment without any default and will be entered immediately on the record and will further reflect an annual interest rate of 10%. The note will not reflect any periodic payments but will reflect merely the obligation is due and payable immediately. 3. Furthermore, husband agrees to make monthly payments in the amount of $650.00 per month in consideration of wife agreeing not to execute said judgment upon husband's vehicle, namely a 1997 Jeep Cherokee for a period of 12 months. Such payments are payable at the first of each month beginning April 1, 2002. It is noted that husband shall receive a credit for the month of April 2002 in the amount of $300.00 as being prepaid through sharing a tax return. Monthly payments from husband to wife will be made directly to wife's current residence at 5124 Erb's Bridge Road, Mechanicsburg, Pennsylvania 17050. In the event the payment is not made by the 5th of each month then the obligation of the wife to refrain from execution on the vehicle will become void. 4. The parties have agreed that the personal property has been divided to their mutual satisfaction with the exception of the items listed on Exhibit No.1. Specifically all of the items on Exhibit 1 except for the bottle collection shall be made available for pick up by a third party within ten (10) days of today's date. The bottle collection shall be made available to husband upon satisfaction of note. In the event that the obligation reflected in the note, which is attached as Exhibit No.2, has not been satisfied within two years of today's date, wife shall have the right to liquidate that asset to satisfy the outstanding obligation. 5. Wife shall continue to maintain her 1993 Ford Probe and husband shall maintain his 1997 Jeep Cherokee. The title will remain as is, wife will agree to sign her right, title, ; " "."-,, H , ~ ~I ,.I , -..,; ',- -', ;':;;:, -~;w...~c"!i~; and interest over to husband within thirty (30) days of the note being satisfied. i 6. Each party waives any right, title, and interest they would have to the others retirement accounts. 7 . from wife withdraws any these proceedings. claim with respect to attorney fees 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 1,-, ~, f THE MASTER: Mrs. Berzinec, you've been here during the statement of the agreement on the record? MRS. BERZINEC: Yes. THE MASTER: Do you understand what has been stated on the record? MRS. BERZINEC: Yes. THE MASTER: Do you have any questions? MRS. BERZINEC: No. THE MASTER: And it is your desire to have the agreement as stated on the record resolve all economic claims in these divorce proceedings? MRS. BERZINEC: Yes. THE MASTER: Mr. Berzinec, have you been "I j' J_, ,'^I'd~'/",,~c '~" ~_, -\, ,..'~< <'N-' : - .'-, ":~__L_ "",-"" present during the statement of the agreement on the record? MR. BERZINEC: Yes, I have. THE MASTER: Do you understand the agreement? MR. BERZINEC: I do. THE MASTER: Do you have any questions about it? MR. BERZINEC: I don't. THE MASTER: Is it your desire to have the agreement satisfy all of the issues regarding the economic I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. claims in the divorce proceedings? MR. BERZINEC: Please. WITNESS: DATE: (/~ ?ItJIoL- \ John R. Fenstermacher ~ ~~~aintiff 3-IY-D.:L ~S. Dle 1 Attorney for Defendant I'; ',j " I,; I_! ':' ,;.! ~i :,1 /7 {~ (I'Jl4l ' V~ A~il K. erzi#c ~ Personal clothing Computer books Personal pictures 1 pictures in bedroom Entertainment center Old T.V. Papason chair Scanoe Personal jewelry -~ ~ .',. I, 'I Fishing gear Homemade VHS Bottle collection Oriental rug 19" TV. Outdoor bar and chairs Bass boat and trailer % Christmas decorations Spanish sword _ _~.1I~;1 ,,-,,-- '"."" '",-,-', .,1. Camping equipment Husband's CDs and tapes % Brass trinkets Dresser (spare room) VCR Blue dishes Kayak Filing cabinet Brass flatware ~ i "' >, _I J ; , +",1-', ~_' ,"" ""-_ ,-__. -"..h."~'; .,'-:"",,,; ," " I', ,'_f __ _03/14/0~TBU 15:15 FAX 717 691 5441 FENSTERlllACBER 141002 PROMISSORY JUDGMENT NOTE FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND, Greg G. Beainec, having an address of 6113 Westover Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter whether singular or plural called the "Maker") promises to pay April K. Beainec, having an address of 5124 Erb's Bridge Road, Mechanicsburg, Pennsylvania. 17050 (hereinafter called the "Holder") the sum of Twenty-two Thousand Two Hundred Twenty-slx Dollars and 93/100 Cents ($22,226.93) lawful money of the United States of America. The principal advanced by Holder to Maker Is in connection with resolution of a marital property dispute and shall bear interest at the annual rate of Ten (10%) percent. . The full amount is due and payable immediately, and no default Is required to enforce this Note and/or obtain judgment thereunder. Maker does hereby empower the prothonotary, clerk of court or any attorney of any court of record in the Commonwealth of Pennsylvania, if this Note is not paid when due, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and witnout stay 01 execution, and with fifteen (15%) percent added as part of the judgment for attorney's fees for' collection. Maker fully understands and agrees to the attached Explanation of Rights which Is Incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Seller until such time as this Note is satisfied. The words "Holde~' and "Make~' whenever occurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Make~' shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. . I -! .. _', ~, ,_ _", ",-_ "_ "_'1",,1__ _._~"._ '_'_,,^_,O_,'" "w'Ao ^.",,; ^"_"'_>;" 03/14/02 THO 15:16 FAX 717 691 5441 .-" . FENSTERMACHER 1ilJ003 of {vJ 4IV~ IN WITNESS WHEREOF, Maker has duly executed this Note this I Lf day ,2002. WITNESS: MAKER: By: A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the amount of Twenty-two Thousand Two Hundred Twenty-six Dollars and 93/100 Cents ($22,226.93) (the "Note"), payable to April K.Berzinec, (hereinafter the "Holder'~ which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor which will give the Holder a lien upon any real estate which I may own, including my home. 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this Judgment on the records of the court. 3. I will agree that the Holder can enter this Judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff's sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I will be unable to challenge this judgment, should the Holder enter it, exoept by a proceeding to open or strike the judgment; and such a proceeding will result in attorneys' fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note which gives the Holder the rights enumerated above. 2 "'= " , .I,_t '0" "'1,,1->-,'.(. -,'-',-, -, . ..' ,--. .', ~ ,"'-'1 :...' ." L. ,',".,' ~, 03/14/02 tHU 15:16 FAX 717 691 5441 , FENSTERMACHER 141004 . B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A COJ::/.FESSION OF JUDGMENT CLAUSE, I UNDERSTAND I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attomeys' fees and costs incident to the opening or ,striking off a confessed judgment. C. I fully and completely understand these rights which I have received prior to signing the Note and am clearly aware that these rights will be given up, waIved, relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my Intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. 'I "" ;1 I fl ;, :,1 , I i D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. ' WITNESS: I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS By: 3 ',~iliMi~~JlI~~~",~~j;;!,~'f1;.-;:;>l'~'ll&;t-!i-1kii!t',"'ii""--~t","",j.~'&;\&"~~~WI"""" ZS ILP l~Uli.U, ,,"',,~~ ,.~ ~ ., ~" "~ ~'" ~~ """'''h~_"~' r ".. """"'t!l'~.J ~~"" '1-- -:>""' iBIIJIi' ~- o 'ii" ~'D (':'_ ~!):" ~ . :-) \.~; <-- )?:"-) ::-L.Cl '~-" s=>~~ c:i --<. . ""':, ,'" :<,,J \"~) r::) '"li4i1l!>iiIi w_~. Cj --n ~1.: ~,l -:2- :'- \\:;j -',() , -~~,\ i:~~A , , 3 5i --<. -- -- .' , !1 ::-1 ~