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HomeMy WebLinkAbout04-0639PATRICIA M. CHERCHUCK, Plaintiff VS. MICHAEL CHERCHUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. O ?- &.3'q CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 (~EDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys~for Plaintiff By: "~~squire IB#'44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 PATRICIA M. CHERCHUCK, Plaintiff VS. MICHAEL CHERCHUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. CIVIL TERM IN DIVORCE COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA PATRICIA M. CHERCHUCK, Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is PATRIClA M. CHERCHUCK, who currently resides at 434 Mill Race Road, Carlisle, Cumberland County, Pennsylvania, 17013 where she has resided since 1992. 2. The Defendant is MICHAEL CHERCHUCK, who currently resides at 251 E. Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013 where he has resided since February 9th, 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 4, 1982, at Ephrata, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. II 6. The Plaintiff avers that she\he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Carol J. Lin~say, q '~ ) 12~ #W4e4s6t~gh Street -- Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, Patricia M. Cherchuck the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Patricia M. Cherchuck, Plaintiff Date: SAIDIS SHIll?F, FLOWER & LINDSAY ATtORNEY,*AT*LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PATRICIA M. CHERCHUCK, : ., Plaintiff : .. vs. .. MICHAEL CHERCHUCK, : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-639 ClVlLTERM IN DIVORCE ACCEPTANCE OF SERVICE I, MICHAEL CHERCHUCK, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. Michael Cherchuck SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PATRICIA M. CHERCHUCK, Plaintiff VS. MICHAEL CHERCHUCK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - DIVORCE :NO. 04-639 CIVIL TERM : :IN DIVORCE : PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER 63301(c} OF THE DIVORCE COuE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Patricia M. Cherc~'~ck PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO RE(~UEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divome 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 divome is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 reMting to unsworn falsification to authorities Date: ~'7/,~i,/ Patdcia M. Cherchuck-'~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PATRICIA M. CHERCHUCK, Plaintiff VS. MICHAEL CHERCHUCK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - DIVORCE :NO. 04-639 CIVIL TERM : :IN DIVORCE .. DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 53301(c) OF THE DIVORCE COD'- AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on 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. ~ consent to the entry of a final Decree in Divome after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Michael Cherchuck best of subject DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the my knowledge, information and belief. I understan0 that false statements herein are made to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Michael Cherchuck PATRICIA M. CHERCHUCK,: Plaintiff VS. MICHAEL CHERCHUCK, Defendant IN THE COURT OF ,COMMON PLEAS OF CUMBERLAND COILJNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-639 CIVIl. TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT / THIS AGREEMENT is made this /'7.7//-, day of~..//~_ .~ , 2004, BY AND BE'I'VVEEN PATRICIA M. CHERCHUCK, of~434 Mill Race Road, Carlisle, Cumberland County, Pennsylvania, 17013 hereinafter referred to as Wife, AND MICHAEL CHERCHUCK of 251 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013 hereinafter referred to as Husband. RECITALS: R.I: The parties were joined in marriage on September 4~h, 1982 in Ephrata and separated on or about February 9~h, 2003; and R.2: The wife has filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County on February 13, 2004 to the above term and number; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Provided that the parties have a fully executed martial settlement agreement, ninety (90) days after service of the complaint in divorce the parties will file Affidavits of Consent and Waivers of Notice so that the divorce can be finalized. (3) REAL PROPERTY: The parties are owners of real estate at 434 Mill Race Road, Carlisle, Cumberland County, Pennsylvania, 17013. The property is encumbered by a mortgage in favor of Fulton Bank. On the same date as the parties execute affidavits of consent, Husband will execute a deed providing to Wife all his right, title and interest in the marital home. Wife will not be required to refinance the marital home but shall make the principal, interest, tax and insurance payment monthly and indemnify and hold Husband harmless on account of any losses as a result of her ownership of the marital home. Further, wife will be solely responsible for the payment of all costs associated with the marital home including utilities. The parties acknowledge that wife will be retaining approximately $28,000.00 of equity in the marital home by virtue of their agreement. Husband is the owner of a home at 251 East Pomfret Street, a portion of which he inherited. Wife waives any interest which she may have in the East Pomfret Street property. Husband will be solely responsible for all costs associated with the East Pomfret Street property including the mortgage, incurred in his name only and he will indemnify and hold wife harmless on account of any loss related to the East Pomfret Street property. (4) DEBT: A. MARTIAL DEBT: The parties acknowledge that the only marital debt of which they are aware, besides the mortgages on their respective homes, is credit card debt in Wife's name only in the amount of approximately $3,000.00. Wife will be solely responsible for payment of the credit card debt and will indemnify and hold Husband harmless on account of any loss for that debt. B: Post Separation Debt: In the event that either party contracted or incurred any debt since February 9, 2003 other tha~n the credit card debt referred to in Paragraph 4(A) above, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Wife will retain the 1997 Dodge Intrepid for which there is no lien. Husband will retain the 1992 Oldsmobile Station Wagon, 1985 Pick-up Truck arid a 1996 Oldsmobile purchased from his mother's estate. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPFRTY: Each party hereby relinquishes any dght, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. The parties are owners of United States savings bonds with an aggregate value of approximately $9,200.00. Husband will transfer to Wife all his right, title and interest in the United States savings bonds. Husband has a 401(k) plan through his empl,oyer, Agri-King, Inc. The plan is administered by the Best of America. Husband will pay to wife one half of the 401(k) plan by rolling over $2,811.50 from the 401(k) plan into an IRA for wife. Roll over will be accomplished by the preparation of a Qualified Domestic Relations Order by Wife's attorney. Husband will co-operate in executing the QDRO so that it may be submitted to the court and forwarded to the Best of America. in the event Wife's counsel requires the assistance of the Plan Administrator to prepare the QDRO, Husband will co-operate in obtaining from the Plan Administrator any information necessary. The calculation for the rell over is set out on an exhibit attached hereto as Exhibit "A". Wife will retain her IRA with a value of approximately $500.00. The parties each are owners of term life insurance. Wife's with a death benefit of $100,000.00 and Husband's with a death benefit of $250,000.00. Each will maintain his or her insurance policies in effect by paying the premium as it comes due until the youngest of the parties children attains 24 years of age. Each party will provide to the other any information which he or she may request from time to time to determine that the policy is still in effect and that premiums are paid. Wife will designate the parties' children as the beneficiary of her life insurance policy. Husband will designate Wife as the beneficiary of his insurance policy. In the event of Husband's death, wife will pay herself, from the benefit, alimony as set out in paragraph 8 below and she will use the balance of the death benefit for the benefit of the parties children. (8) ALIMONY: Husband will pay to wife $6,000.00 annually as alimony. He will make such payments by maintaining a joint checking account into which he makes deposits so that there is consistently a $2,000.00 balance. From that account Wife shall withdraw amounts equivalent to $500.00 per month and any payments due pursuant to paragraph 9 hereaffer. Wife's withdrawals from the joint checking account shall clearly indicate whether the withdrawals are for child support, education support or alimony. Alimony paid shall be taxable to Husband and not to Wife. Alimony shall terminate upon the occurrence of one of the following: i) ii) iii) iv) Wife's remarriage; Wife's co-habitation with a member of the opposite sex not within the degrees of consanguinity; Wife's death; Wife is having earnings in any tax year of $32,000.00 or more. In the event that Husband does not make his payments to Wife as set out herein, Wife, at her sole option, may request the Office of Domestic Relations to enforce this alimony agreement. Husband will pay the cost of Wife's health insurance coverage from the date of the parties Decree in Divorce until such time as Wife obtains health insurance through her employment. Husband will pay the cost of health insurance, estimated to be $120.00 per month at the time of this agreement, to wife by the 10th day of each month commencing with the month following the entry of a Decree in Divorce. The parties hereto agree that they will meet on or about July $1st of every year to determine whether the terms of this section should be modified. The parties themselves may modify those terms with a written agreement. The terms of this paragraph shall not otherwise be modifiable but rather shall be enforceable, if need be, through the Court of Common Pleas of Cumberland Relations Office. (9) CHILD SUPPOR~EDUCATION SUPPORT: of two children, Jennifer Chemhuck, born November 2, County, Domestic The parties are parents 1984, a student at the University of Delaware and Laura Cherchuck, born March 2, 1987, a student at Trinity High School. Husband will pay to Wife support for Laura in the amount of $500.00 per month commencing on the 10th day of the month following the execution of this agreement and continuing until Laura graduates from Trinity High School. Thereafter, commencing the month after Laura's graduation, Husband will pay to Wife $500.00 per month until Laura graduates from college. The obligation for educational support shall continue so long as one of the parties' children is a full time student enrolled in an institution of higher education. The parties understand and agree that it is Laura's present ambition to pursue a physical therapy degree which would require eight (8) years of post-secondary education. In no event shall the obligation of educational support continue past June, 2010. As with the provisions for alimony set out i~q paragraph 8 above, Wife may withdraw from the checking account, which Husband intends to maintain with a $2,000.00 balance, the child and educational support set out in this paragraph. At her discretion, Wife may withdraw from the account more or less than $500.00 per month depending upon the needs of the parties' children provided, however, that she shall not withdraw in excess of $6,000.00 per year. Additionally, as with provisions of paragraph 8 above the parties will meet on or about the 31st of July each year and the amount of child or educational support may be altered upon the wdtten agreement of both of them. Otherwise, the terms of this section are not otherwise modifiable. In the event that Husband does not maintain sufficient sums in the checking account to fund his obligations under paragraphs 8 and 9 of this agreement, Husband shall borrow from his life insurance policy sufficient funds to bring his obligations current. Additionally, Wife may enforce the order through the Court of Common Pleas of Cumberland County. Husband shall maintain health insurance coverage for the parties' children for so long as he is permitted under the terms of his health insurance plan through his employment. (10) CHILD CUSTODY: The parties acknowledge that it is important that the parties children maintain a good relationship with both parents. The parties 8 anticipate that Laura will continue to reside with Wife but that Husband shall have partial custody of Laura at such times as he and ~Nife can agree. In this respect, Husband will provide to Wife advance notice of an!/plans which he makes with the children and Wife will accommodate, to the extent possible, Husband's plans. The parties agree to treat one another with courtesy and respect in honor of the years of their marriage and also to model the respect they wish the children to have for each other. In that regard, the parties forgive one another for past hurts, and promise, to the best of their ability, to relinquish any grudges one may have against the other and to separate one from the other with dignity and respect. (11) ADVICE OF COUNSEL: The parties h,greto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. Wife is represented by Carol J. Lindsay, Esquire and Husband is unrepresented but is advised of his right to review this agreement with counsel. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Husband will pay the costs of the Divorce including filing fees and Wife's attorney's fees, the preparation of this agreement and a Qualified Domestic Relations Order. Payment on these obligations will be made within 30 days of presentation by Wife to Husband of the invoice for fees and costs. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. Such additional instruments shall include but not be limited to titles, documentation required to transfer interest in 401(k) Plans and Savings Bonds and any such other instruments. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is rnade against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 10 (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his a~d her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said. party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the partly, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, 3.3_ representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all dghts or claims: and (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; all other rights or authority to participate or intervene in a of (4) deceased spouse's estate in any way, whether arising under the laws Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; ~2 H. All rights, claims, demands, l!iabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any =such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek suc!h other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Pat~ricia M. cherchuck Michael Cherchuck SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PATRICIA M. CHERCHUCK, Plaintiff VS. MICHAEL CHERCHUCK, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : :CIVIL ACTION - DIVORCE :NO. 04-639 CIVIL TERM : :IN DIVORCE Defendant : PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 330!(d)(!) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by Michael Cherchuck on February 22, 2004 and filed with the Prothonotary on February 25th, 2004. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff June 17, 2004;by the Defendant: June 17, 2004. Related claims pending: None: Resolved by Marital property Settlement and Separation Aqreement dated June 17, 2004. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June 18, 2004. Date Defendant's Waiver of Notice-in 3301(c) Divorce was flied with the Prothonotary: June 18, 2004~/~' Carol J. Lindsay/i~;q[~ire Supreme CourtllD ~}4693 Saidis, Shuff, FIbw~r & Lindsay 26 West High Street Cadisie PA 17013 Phone: '717.243.6222 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PI--NNA. PATRICIA M. CHERCHUCK Plaintiff VERSUS MICHAEL CHERCHUCK Defendant N O. 04-639 DECREE IN DIVORCE AND NOW, DECREED THAT Patricia M. Cherchuck , PLAINTIFF, AND Michael Cherchuck __, 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; ~e Property Settle~nt ;~d Separation Agreement None: The te~s of nt~e df J~e 17, 2004 are inco~orated but not merged i Decree in BY T ATTEST: ~~~R/OTH O N OTA Ry