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HomeMy WebLinkAbout03-2897CHARIS MINCAVAGE BURAK, Plaintiff CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CHARIS MINCAVAGE BURAK, Plaintiff CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE a3- COMPLAINT AND NOW comes the Plaintiff, Chaffs Mincavage Burak, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Charis Mincavage Burak, is an adult individual with a mailing address of P.O. Box 11422, Harrisburg, Dauphin County, Pennsylvania 17108-1422. 2. Defendant, Christopher M. Burak, is an adult individual residing at 2225 Brigade Road, Enola, Cumberland County, Pennsylvania 17025. 3. At least one of the parties was a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on August 15, 1998, in Carlisle, Pennsylvania. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs I through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Charis Mincavage Burak, respectfully requests the Court to enter a Decree of Divorce. of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 2 T'h~"~as A.~eckley L~iz~etl~ ~ .' ]~ec-kle"~/~ VERIFICATION I, Chaffs Mincavage Burak, hereby verify that the statements made in the foregoing document are tree and con'ect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Chaffs Minc~vage l~ak - CHARIS MINCAVAGE BURAK, Plaintiff CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE :NO. t35- R J>?7 NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Plaintiff in the above-captioned matter, a Final Decree in Divorce having not yet been granted, hereby elects to retake and use her previous name of Charis Mincavage and gives written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §704. ~haris Mir~avage l~ral~- To be Known as: C~'ra/'is Mincav-~ge d COMMONWEALTH OF PENNSYLVANIA ) )SS: counTY OF ff ?/t irj ) On the ~C/ day of "~ ,2003, before me, a Notary Public, personally appeared CHARIS MINCAVAGE BURAK, now known as CHARIS MINCAVAGE, known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and seal. / / ~ot~ Pd~llc/ -~qz_./..~-~7~ NOTARIAL ~ [ EUZ~ET~ S. ~(a(tgV, ~a~¥ ~I ~, ~, P~ I My Commbeion F.3~trMI Id ,m~lt 1~, ~l (SEAL) PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this ~ day of4~_~, 1 2003, by and between CHRISTOPHER M. BURAK, of Cumberland Co~ty, Pennsylvania (hereinafter referred to as "Husband"), and CHARIS MINCAVAGE BURAK, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 15, 1998, and; WHEREAS, irreconcilable differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property fights, including any and a~ll claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each ]party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save ha]wnless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever 2 appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. Husband and Wife agree to divide the marital debts associated with the household evenly on the Visa and American Express cards through the execution date of this Agreement. After the execution date of this Agreement, Husband shall be solely and separately responsible for any debt on the Visa charge card and Wife shall be solely and separately responsible for any debt on the American Express charge card. Husband will receive all the frequent flyer miles associated with the Visa account and Wife will receive all the frequent flyer miles associated with the American Express account. 6. BANK ACCOUNTS~ RETIREMENT ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking and pension accounts and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. Husband and Wife agree that Wife will receive the sum of $21,800.50 from the joint savings account. Husband will retain the remaining balances in the parties' joint accounts. 7. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wi:f'e from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Hu:sband under this Postnuptial Agreement. 8. WIFE'S RELEASE: Wife does hereby re. lease, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 9. MUTUAL INDEMNIFICATION: Each p~u'ty represents that no debts, liabilities, or obligations have been incurred or contracted foir for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and ibis or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities 4 contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 10. DIVISION OF REAL PROPERTY: Husband and Wife own jointly the marital residence, situated at 2225 Brigade Road, Enola, Cumberland County, Pennsylvania. Husband and Wife agree that Husband will hecome the sole and exclusive owner of the marital residence. Wife agrees to transfer all right, title and interest in and to the real estate now titled as tenants by the entireties to the Husband upon Husband's refinance of the marital residence into his name alone and agrees to execute all deeds, documents, or papers necessary to effect such transfer of title. Husband and Wife agree that Husband shall refinance the marital residence within 60 days of the execution of this Agreement. Should Husband not be able to refinance the marital residence in his own name, Husband will have until August 1, 2003, to have his parents either co-sign for his refinance of the marital residence or purchase the marital residence from Husband. If Husband has not removed Wife's name from the marital residence and the mortgage associated with the same by August 1, 2003, the house will be listed for sale with a realtor. Husband and Wife agree that Husband shall be solely and exclusively responsible for the repayment of any money owed to his parents given to Husband and Wife for the purchase of the marital residence. Wife will be permitted to remain living in the marital residence until such time as her name has been removed from the mortgage and the deed. Wife will also be permitted unlimited use of anything within the marital residence until she relocates her residence. Husband and Wife agree that they will equally divide all bills associated with the marital residence until Wife relocates. 5 11. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have thcretofore bccn used by them in common, and neither party will make any claim to any items of personal property which arc now in thc possession or under thc control of thc other. Should it become necessary, thc parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband will become thc sole and exclusive owner of all the items of personal property listed in Exhibit A and Wife will become the sole and exclusive owner of all the items of personal property listed in Exhibit B. 12. AUTOMOBILES: Husband and Wife agree that Husband shall be the sole and separate owner of the 2002 Saturn and Wife shall become the sole and separate owner of the 2000 Jeep Cherokee. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respectiw: vehicle, indcnmifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said aul:omobiles. 13. LIFE INSURANCE POLICIES: Husband and Wife agree to waive any and all claims and relinquish all rights and interest they may have in any and all life insurance policies of the other. 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue tbr damages for such breach, to sue for specific performance, and to seek sUCh other remedies or relief as may be 6 available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: Wife has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire, as her attorney. Husband has employed and had the benefit of counsel from Charles A. Rector, Esquire as his attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not tine result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or pn~perty owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital proper:y, counsel fees and costs of litigation. Husband hereby acknowledges that he has not received any counsel from either Wife or Wife's counsel, Elizabeth S. Beckley, Esquire. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement shall be binding upon the parties hereto, and there respective heirs, executor:, administrators and assigns. ! 8. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the 8 execution date. 21. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoew:r in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereanto set their hands and seals the day and year first above-written. 'Y / Christoper M. Burak C'~ar]s mincavag'~ Burak ~ E~iz~th S. l~eckley,~'~/~ 9 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF /_0a~ ) On this the¢3~cff.~day of /~F~ ,2003, before me, the undersigned officer, personally appeared CHRISTOPHER M. BURAK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my Imnd and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA ) ,ss.: COUNTY OF ) On this the _~'~clay of ///~ 4 ,2003, before me, the undersigned CH'ARIS ! officer, personally ap~ed /MIr~¢AVAaE BUrr. known to me (or satisfactorily proven) to bc the person whose name is subscribed to thc within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. iNOT~L SEAL ' S. BECKLE~, Notary Public My Commission Expires: 10 EXHIBIT A - CHRISTOPHER M. BURAK'S PERSONAL PROPERTY B~emem: Weight bench Remainder of hand weights 1 Metal weight bar White phone Green table, 4 chairs & umbrella Brown chair Ping pong table 1 Breakfast in bed tray Card table & chairs Two part vacuum ½ Plastic Tubs Shelving unit Wooden cupboard Rugs 1 Power Strip Orange extension cord 1 Igloos Downstairs Hallway: ½ Cookbooks Green Wedding Album ½ Photo Albums Napkins ½ Candles Etching Bookcase Rugs 2 Hanging photos Powder Room: ½ Cleaning supplies Garage: 1 Redskin seat cushion I Garden Hose Living Room: Magazine rack Sofa bed portion of couch Round portion of couch ½ Blinds from throughout the house VCR ½ Videos ½ CDs CD holder Dining Room: Table & chairs China, including dishes and serving pieces Stemware Etching Tiffany plate ½ Liquor Water pitcher Ice bucket China cabinet Kitchen: Wooden chip bowl Mixer Black Frying pan Grill 2 Cuisinarts Stock pot Regular steamer Refrigerator ½ Tupperware ½ Mugs ½ Silverware ½ Utensils ½ Cleaning products ½ Baking dishes ½ Mixing bowls ½ Pots & pans ½ Measuring cups ½ Glassware ½ Wine glasses ½ Cutting boards Plastic cups Food Magnets Plastic Holders Guest Bedroom: 3 Toronto pictures Queen bed sheets and comforter Phone Tan basket Study: Nice desk Larger book shelf 2 Computers & printer Baseball cards ½ Computer paper 1 Zip drive Upstairs hallway: ½ Cleaning products 1 Drying rack Washer Dryer 1 Nightlight Guest Bathroom: Shower curtain Soap dish Blue towels Green towels Garbage can Rug I Picture Master Bedroom: Bench Picnic basket VCR Telephone ½ Pillows ½ DVDs All of Chris' jewelry including wedding band Master Bathroom: 1 Showerhead EXHIBIT B - CHAllIS MINCAVAGE BURAK'S PERSONAL PROPERTY Basement: 1, 2, 11, 15, lb weights Leg weights 1 plastic weight bar Exercise videos Treadmill VCR Picnic Basket 2 White Deck Chairs Christmas decorations, including Christmas Dishes and Tree Stand 1 Breakfast in bed tray Silver Tray Desk Chair Samsonite Luggage Upright Vacuum ½ Plastic Tubs 1 Power Strip 1 Igloos Fire Extinguisher Downstairs Hallway: ½ Cookbooks Bellek Picture Frame Lennox Wedding Album ½ Photo Albums Table Cloths ½ Candles Powder Room: Rug & Toilet Seat Cover Toilet Scrubber & Garbage Can Picture Towels ½ Cleaning supplies Garage: 1 Redskin seat cushion 1 Garden Hose Living Room: 4 Pictures Speaker phone 2 End portions of the couch 1 Square section of the couch ½ Blinds from throughout the house IA Videos ½ CDs Dining Room: Glass Candlesticks Wine Rack ½ Liquor Kitchen: Table & Chairs Flower Plate Mikasa Plate Spaghetti bowls Tupperware cake dish Desert dishes Vase Blender Toaster Oven Green Frying pan Teapots Crock pot Microwave steamer Collindar Phone ½ Tupperware ½ Mugs ½ Silverware ½ Utensils ½ Cleaning products ½ Baking dishes ½ Mixing bowls ½ Pots & pans ½ Measuring cups ½ Glassware ½ Wine glasses ½ Cutting boards 1/2 Plastic cups ½ Food ½ Magnets ½ Plastic Holders Guest Bedroom: 3 Alaskan pictures 1 Toronto picture 1 Ireland picture Double bed sheets and comforter Blue basket Blue vase Study: Futon Desk with filing cabinet Upright bookcase/china cabinet Smaller book shelf Phone ½ Computer paper 1 Zip drive Upstairs hallway: Iron ½ Cleaning products 1 Drying rack 1 Nightlight Guest Bathroom: Master Bedroom: Hamper Stool DVD King Bed & Bedding 4 Pictures Garbage can Brown extension cord ½ Pillows ½ DVDs All of Chaffs' jewelry including engagement ring and wedding band Master Bathroom: Shower curtain Rugs Art Scale Red towels White towels 1 Showerhead 3 Pictures CHARIS MINCAVAGE BURAK, Now known as CFIARIS MINCAVAGE, Plaintiff CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 03-2897 : : AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2003. 2. The marriage of plaintiff and defendant is inretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of diw)rce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to 'the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated:~//gtt/~59 hristop?/er M. Burak CHARIS M1NCAVAGE BURAK, Now known as CHARIS MINCAVAGE, Plaintiff V. CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 03-2897 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed 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 flied with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements heroin are made subject to 'the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Christopher M. Burak CHARIS MINCAVAGE BURAK, Now known as CHARIS MINCAVAGE, Plaintiff CHRISTOPHER M. BURAK Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 03-2897 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: 0~///~/t~q Ch-~s Mir~ca-{,age (f -- CHARIS MINCAVAGE BUR. AK, Now known as CHARIS MINCAVAGE, Plaintiff V. CHRISTOPHER M. BURAK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 03-2897 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 ifI 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 flied with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: D~//&,/~ CHARIS MINCAVAGE BURAK, Now known as CHARIS MINCAVAGE, Plaintiff CHRISTOPHER M. BURAK, Defendant : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-2897 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following intbrmation, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Christopher M. Burak, on June 21,2003, by certified mail. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 12, 2004; by defendant on February 12, 2004. 4. Related claims pending: No economic claims have been raised. 5. (a) Date plaintiff's Waiver of Notice February 12. 2004, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice February 12, 2004, and it is being filed contemporaneously herewith. of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, Elic/abeth Attorney fbr Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~ PENNA. CHARIS MIN~VAGE BURAK, NOw known as VERSUS CHRISTOPHER M. BURAK NO. 03-2897 DECREE IN DIVORCE aND NOW, IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND CHRISTOPHER M. BURAK , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt been ENTERED; The Property Settlement Agreement between the parties shall be ~nc~ ~porat~d into the final decree for purposes of enforc~ent, but shall not merge with the final Decree in Divorce. ATTESt: PROTHONOTARY