HomeMy WebLinkAbout08-5456r
RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERTLAND COUNTY,
PENNSYLVANIA
V. : NO. 0fS-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : 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 you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property of 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 counseling. A list of marriage counselors is available at the
Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square,
Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEED OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GTRANTED, 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
JOANNE MARINO MC GREEVY
ATTORNEY FOR PLAINTIFF
RUSMIR GRAHIC,
Plaintiff
V.
SEMIR GRAHIC,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.O f- , -L j? , 5-2008
CIVIL ACTION-LAW
IN DIVORCE
AND NOW COMES the above-named Plaintiff, by Joanne Marino McGreevy,
Esquire, and seeks to obtain a Divorce from the above-named Defendant upon the
grounds hereinafter set forth:
1. Plaintiff, Rusmira Grahic, an adult individual who is sui juris and resides at---
4831 Charles Road, Mechanicsburg, PA 17050, in Cumberland County.
2. Defendant is Semir Grahic, who is sui juris and resides at 4831 Charles Road,
Mechanicsgburg, PA, in Cumberland County. The present whereabouts of the
Defendant, to the knowledge of the Plaintiff, is the same.
3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this complaint.
4. To the knowledge of the Plaintiff, the Defendant has been a bona fide resident
in the Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this complaint.
5. The Plaintiff and Defendant were married January 29, 1993, in Zavidovci,
Country of Bosnia, Europe.
6. There have been no prior actions of divorce or for annulment between the
parties.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the court require the parties to participate in counseling.
8. The Defendant is not currently member of the armed services of the United
States or any of its allies.
(c) OF THE DIVORCE CODE
9. The Plaintiff avers that the ground on which the action is based is that the
marriage is irretrievably broken.
10. After ninety (90) days from the date of the filing of this complaint, Plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an affidavit.
WHEREFORE, IF BOTH PARTIES FILE AFFIDAVITS CONSENTING TO A
DIVORCE AFTER NINETY (90) DAYS HAVE ELAPSED FROM THE
FILING OF THIS COMPLAINT, PLAINTIFF RESPECTFULLY REQUESTS
THE COURT TO ENTER A DECREE OF DIVORCE PURSUANT TO
SECTION 3301(c) OF THE DIVORCE CODE.
0
DATE l c1 ok, 2 ??01 4 e C
PLAINTIFF
Imo...., T'h?
JO E MARINO MCGREEVY
ATTORNEY FOR THE PLAINTIFF
137 S. West Street
Carlisle, Pennsylvania 17013
717-243-0092
S.Ct. #47612
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RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. : NO. 5-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint 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.
DATE (? N_/O
q" C-'440
PLAINTIFF
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RUSMIRA GRAHIC,
Plaintiff
V.
SEMIR GRAHIC,
Defendant
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. It-SL/Qt 52008
CIVIL ACTION-LAW
IN DIVORCE
ENTRY OF APPEARANCE
To the Prothonotary:
Please enter my appearance as attorney of record for
Rusmira Grahic, Plaintiff, in the above-captioned matter. I may be served as follows:
Joanne Marino McGreevy
Attorney at Law
137 S. West Street
Carlisle, PA 17013
717-243-0092
My Supreme Court I.D. # is 47612.
Sincerely,
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Joanne Marino McGreevy
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RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. :NO. o k - S fib 5-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
9/j s /0 e
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the filing and service of the complaint.
3. I consent to 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 unsworn falsification to authorities.
DATE: 1o8
lac, kau
(Plaintiff) ,tilt)
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RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. : NO. 5-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
"A sloe
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the filing and service of the complaint.
3. I consent to 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 unworn falsification to authorities.
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DATE: t 1, S1 n
(Plaint' ndant)
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RUSMIRA GRAHIC,
Plaintiff
V.
SEMIT GRAHIC,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. e-F - sY 1- . 5-2008
CIVIL ACTION-LAW
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. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
DATE: ???sI ?fC 4 ru 7 C??C
(Plaintiff) (Defendant)
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RUSMIRA GRAHIC,
Plaintiff
V.
SEMIT GRAHIC,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
:NO. D k- f y 1IL 5-2008
CIVIL ACTION-LAW
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. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
DATE: , U-n 1 (?4
(Plaintif dart)
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RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. : NO. v8 -S-1S6 5-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Joanne Marino McGreevy, Esq., hereby certify that on the date indicated below I did
serve true and correct copies of the Divorce Complaint attached hereto, Defendant's copy
of an Affidavit of Consent and Defendant's copy of a Waiver of Notice of Intention to
Request Entry of Divorce Decree by personal service to and requiring an Acceptance of
Service receipt from:
SEMIR GRAHIC
4831 Charles Road
Mechanicsburg, PA 17050
DATE: t/0 e )2e - by
Joanne Marino McGreevy
137 S. West Street
Carlisle, PA 17013
717-243-0092
Attorney for Plaintiff
* # 7,6,/J.
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RUSMIRA GRAHIC, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. : NO. d e SY Y4 S-2008
SEMIR GRAHIC, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce, Affidavit of Consent, and Waiver of Notice
of Intention to Request Entry of a Decree of Divorce under §301 (c). I certify that I am
authorized to accept service on behalf of the Defendant.
DATE:_
Defe-hdiA or Authorized Agent
49-5t CI/tC;-,4An Qd i?ln??
Mailing Address
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CONTRACT FOR EQUITABLE MARITAL PROPERTY DISTRIBUTION
AND TEMPORARY HOUSING
I, Semir Grahic, agree to transfer the 2008 Mazda automobile solely into Rusmira's
name upon the signing of the marital settlement agreement and to pay Rusmira
Grahic the sum of $50,000 and an additional payment to her of $20,000 at the first
occurrence of either one year of the date of the signing of this agreement or the sale
of the family residence at 4831 Charles Street, to arrive at an equitable marital
settlement agreement. I further agree to execute any documents necessary to Q
effectuate the purposes of this contract. ', q.
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I, Rusmira Grahic agree to accept the transfer of the Mazda automobile solely into
my name and the payment of the sums of $50,000 and an additional $20,000 at the
earlier occurrence of one year from the date of the signing of this agreement or the
sale of the family residence at 4831 Charles Street as an equitable marital settlement
agreement. I further agree to execute any documents necessary to effectuate the
purposes of this contract.
I, Rusmira Grahic agree to vacate the premises at 4831 Charles Street as soon as I
am able to obtain suitable housing for myself and our son, Armin. The housing
must be suitable to accommodate liberal visitation rights.
I, Samir Grahic, agree to allow Rusmira and my son, Armin, to remain on the
premises at 4831 Charles Street until Rusmira has been able to acquire suitable
housing for herself and our son, Armin. The housing must be suitable to
accommodate liberal visitation rights.
DATE: l -'2-; Semir Grahic p
DATE: 26t, Cat/ a2
Rusmira Grahic
(? ,?
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this d, c;?- day of 0 ? ` )0
-T
by and between Rusmira Grahic, hereinafter referred to as WIFE, and Semir
Grahic, hereinafter referred to as HUSBAND.
WITNESSETH:
WHEREAS, the parties hereto are WIFE and HUSBAND, having been married on
January 29, 1993; and
WHEREAS, the parties have two dependents, ARMIN GRAHIC, born July 8,
2002, and HARIS GRAHIC, born May 24,1993; and
WHEREAS, differences have arisen between WIFE and HUSBAND, as a result of
which it is the desire of the parties after long and careful consideration, to live
separate and apart for the rest of their natural lives. The parties hereto are desirous
of amicably adjusting, compromising and settling all property rights and all rights
in, to, or against each other's property or estate, including property heretofore or
subsequently acquired by either party, and to settle all disputes existing between
them, including any and all claims for maintenance, support, alimony, equitable
distribution, custody, counsel fees, and costs; and
WHEREAS, it is the mutual desire of WIFE and HUSBAND to reduce their
Agreement to writing; and
WHEREAS, HUSBAND has been advised of his right to legal representation and
has waived that right, and WIFE has been so advised and is represented by Joanne
Marino McGreevy, Esquire;
NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference herein and deemed as an essential part hereof, in consideration of mutual
promises, covenants, and agreements hereinafter contained, each of the parties
hereto, intending to be legally bound hereby promises, covenants and agrees as
follows:
1. PARTIES TO LIVE SEPARATE AND APART
The parties agree to live separate and apart as though the parties had not
been married.
Neither party will molest the other, or compel the other to cohabit or in any
way harass or malign the other, nor in any way interfere with the peaceful existence
of the other.
2. REAL PROPERTY
The parties agree that WIFE will sign her rights to the real property located
at 4831 Charles Road, Mechanicsburg, PA, to HUSBAND. In exchange,
HUSBAND will provide wife with the sum of $50,000. 71H C- 7 w ° X c T' t-D /,( s , t v? - 01
-Ch(A- a1 C 0 u r`- r 1,44 U T rr F a c y. _ C,
3. PERSONAL PROPERTY
Other than as set forth hereinafter in this AGREEMENT, the parties hereto
agree that the personal property of the parties, except the home furnishings, has
been divided to their mutual satisfaction. The parties agree that each will take an
equal share of the home furnishings. The parties agree that they shall retain all
personal property now in their respective possessions and the home furnishings
when the division has been made and waive all rights as to personal property in the
possession of the other spouse as of the date of the execution of this AGREEMENT
and, as to the home furnishings, as of the date of the WIFE's taking possession
thereof. WIFE will retain the 2008 Mazda automobile and HUSBAND will execute oil
all documents necessary too? title s tomobile solely in WIF 's name; HUSBAND
further agrees to give her-ir" A $20,000 in cash and e = # 1$50,000.
These amounts shall be received by the wife no later than the earlier of one year V?
from the date of the execution of this agreement or the sale of thApmily home at
4831 Charles Road. The provision to provide wife with the $20,000 and -f he S a d.
$50,000 is also reflected in a separate contract executed on the date of the signing of L.Ci 111-x4)
this AGREEMENT. S C, (,?11? 1 a
4. MARITAL DEBTS
HUSBAND and WIFE each covenant, represent and agree that each will now
and at all times hereafter, save harmless and keep the other indemnified from all
debts, charges and liabilities incurred by the other prior to or after the effective date
of this AGREEMENT, except as otherwise specifically provided for by the terms of
this AGREEMENT. HUSBAND hereby assumes liability for existing family debts
of the family unit incurred prior to November 3, 2008, as well as debts incurred by
him prior to the signing of this AGREEMENT, and WIFE releases HUSBAND for
her individual debts incurred prior to or subsequent to that time.
5. INCOME TAX
The parties agree that they will file individual tax returns for the
Year 2008.
WIFE agrees that HUSBAND shall hereafter be entitled to claim HARIS as
his dependent on his Federal Income Tax Return beginning with the tax return to
be filed in 2009 for the taxable year 2008, and HUSBAND agrees that WIFE shall
hereafter be entitled to claim ARMIN as her dependent on Federal Income Tax
Return beginning with the tax return filed in 2009 for the taxable year 2008, so long
as he or she continues to be the major provider for the child above-named as in her
or his respective custody.
6. MUTUAL DISCHARGE
HUSBAND relinquishes his inchoate intestate right in the estate of WIFE,
and WIFE relinquishes her inchoate intestate right in the estate of HUSBAND and
each of the parties hereto by his presents for himself or herself, his or her heirs,
executors, administrators, or assigns does remise, release, quitclaim and forever
discharge the other party hereto, his or her heirs, executors, administrators, or
assigns or any of them of any and all claims, demands, damages, actions, causes of
action or suits at law or in equity of whatsoever kind or nature for or because of a
matter or thing done, omitted or suffered to be done by said party prior to and
including the date hereof, except that this release shall in no way exonerate or
discharge either party hereto from the obligations and promises made and imposed
by reason of this AGREEMENT.
7. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS
The parties hereto represent that neither has pensions, profit-sharing plans
and other employee benefits from their respective employers, except as enumerated
under paragraph 20 for medical and dental expenses, nor do they have IRAs which
they have titled in either or both names. The parties acknowledge that WIFE is
employed by European Restaurant and Food Market in Mechanicsburg and
HUSBAND is employed by ProPlastix International, Inc. Both acknowledge that
they have received information regarding the existence or non-existence of such
employment or personal IRA benefits and are satisfied with the information so
provided.
8. FINANCIAL DOCUMENT DISCLOSURE
The parties waive their rights to require the filing of financial statements by
the other, although they have been advised that it is their legal right to have such
disclosures prior to entering this AGREEMENT. By executing this AGREEMENT,
the parties are acknowledging satisfaction with the information presently available
to them and agree not to use non-disclosure as a basis to overturn this
AGREEMENT.
9. LIFE INSURANCE
The parties hereby attest that that neither is the owner of a life insurance
policy.
10. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of property, be they real, personal, or mixed, tangible or
intangible, which are hereafter acquired by him or her with full power in him or her
to dispose of the same as fully and effectively, in all respects and for all purposes as
though he or she were unmarried.
I LTHE PARTIES DEBTS
The parties represent and warrant to each other that since separation, they have
not incurred any debts or made any contracts other than for the necessaries for
which their estate will be liable. The parties shall not contract or incur any debt or
liability for which the other spouse's property or estate might be responsible and
shall indemnify and save harmless the other spouse from any and all claims or
demands made against the other spouse by reason of debts and obligations incurred
by him or her, and in the event the other spouse shall any time thereafter, be obliged
to pay out of future payments required to be made by him or her under this
AGREEMENT. Medical and dental bills not paid by HUSBAND's insurance plan
which are necessary for HARIS' and ARMIN's' health, are to be paid by
HUSBAND.
12.ALIMONY
The parties agree to waive alimony, separate support and maintenance. As
indicated in paragraph 3, however, HUSBAND agrees to provide WIFE with lump
sums in the amount of $50,000 and an additional $20,000. Such provision shall
occur no later than the first occurrence of either one year from the date of the
transfer of title to the automobile into her name only or the sale of the family
residence at 4831 Charles Road.
13. SHARED LEGAL CUSTODY
The parties agree and acknowledge that it is in the best interests of the
welfare of the children that they have shared legal custody of the children within the
meaning and intent of the custody provisions of 23 Pa. C.S. §§ 5301-5314, as
amended.
14. RIGHTS OF PARTIAL CUSTODY
HUSBAND and WIFE agree that the person who does not have
primary custody of a child shall have the rights of partial custody with the child
who is not in his or her primary custody as follows:
The parties agree that RUSMIRA shall have liberal visitation rights
with HARIS.
The parties agree that SEMIR shall have liberal visitation rights with
ARMIN.
Both parties agree that each may spend time with the children at such
times as the parties mutually agree.
Each of the parties shall take all measures deemed advisable to foster
a feeling of affection between the children and the other party, and neither will
do anything which may estrange the children from the other party or impair the
children's high regard for the other party.
15. PHYSICAL CUSTODY MAKEUP TIME
The parties recognize that there may be circumstances from time to
which may prevent the exercise of physical custody at the agreed dates and
times. Wherefore, the parties agree that each will give timely and reasonable
notice to the other of the existence of such circumstances. The parties further
agree that an equal amount of makeup physical custody time will be granted for
any physical custody, which does not take place as scheduled.
16. CONSULTATION REGARDING CHILDREN
HUSBAND and WIFE shall consult with each other as often as may
be necessary regarding matters pertaining to the children which shall
include the following:
a. HUSBAND and WIFE shall have the following rights with respect to the
child for whom he or she does not have primary custody: reasonable telephone
calling privileges; access to report cards and other relevant information concerning
the progress of the children at school; approval of extraordinary medical/dental
treatment provided that such approval shall not unreasonably be withheld;
approval of summer camp, school, vacations, and trips provided such approval shall
not be unreasonably withheld.
On all matters of importance relating to the children's health, education
and welfare, HUSBAND and WIFE shall have the duty to confer with a view to
adopting a harmonious policy calculated to promoting the best interests of the
children. This duty shall include the requirement that HUSBAND and WIFE shall
advise each other of and discuss all important events in the children's life, including,
by way of example, but not limited to: school meetings, travel plans, medical
conditions, educational progress and plans, summer camp arrangements,
extracurricular activities, vacation plans, etc.
The residences, addresses and telephone numbers where the children may
be reached shall, at all times, including vacations and trips, be known to the parties
and each party shall immediately notify the other by telephone, if possible, or
telegram, or e-mail, of any illness or other emergency that may arise while the child
or children are in her or his custody. During such illness or other emergency, each
party shall have the right to visit the affected child or children as often as he or she
desires. The word "illness" as used herein shall mean any disability which confined
the child or children to bed under the direction of a licensed physician for a period in
excess of forty-eight (48) hours or any serious injury to the child or children.
The parties have negotiated the custody and rights of partial custody
portions of this AGREEMENT based upon existing circumstances and in
particular, based on HUSBAND's and WIFE's residence in the Cumberland
County area (other than brief excursions outside of Pennsylvania for vacations,
trips, summer camp, etc.). If HUSBAND or WIFE desires to establish residence
outside of the Cumberland County area, he or she is to give the other at least ninety
(90) days written notice in advance of his/her proposed move, in order to give the
parties the opportunity to confer, prior to his or her removal, and to establish a
mutually satisfactory arrangement as to custody and visitation in light of the
changed circumstances. In the event that the parties are not able to reach
agreement, they agree that the Court of Common Pleas of Cumberland County shall
have jurisdiction over them to fashion an appropriate custody order.
The welfare and convenience of the children shall be the prime
consideration of the parties in the application of the provisions of this agreement.
Neither party shall alienate or attempt to alienate or destroy the affection of the
children for the other parent, but shall exert every reasonable effort to foster a
feeling of affection between the children and both parents.
Nothing in this AGREEMENT shall be construed as having any bearing as
to the relative fitness of either party to be the custodial parent of the parties'
children.
17.CHILD CARE
The parties hereto recognize that ARMIN has special needs which
make it difficult to provide for child care and babysitting. Parties also recognize that
both children must be supervised while HUSBAND and WIFE are working and, in
the case of WIFE, also attending school. Since WIFE has primary custody of
ARMIN and difficulties may arise because of the expenses for or acquisition of a
babystitter, HUSBAND agrees to babysit either or both children and to provide at
least one half of the cost of a babysitter in the event he is unable to babysit the
children when WIFE is working or at school. WIFE agrees to babysit when she is
not in school or working and agrees to pay for one half of the cost of a sitter should
HUSBAND be unable to care for the children because of his work.
18. CHILD SUPPORT
a3
9 A HUSBAND agrees to pay WIFE for the use, benefit, support and y
m
?-'? maintenance ??M the su??f $470.00 every mo th, hich payments sh ??/1-?-?/
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?, payday or every .The payments s a c ue in that amount, as t ? ? Zti (off
tL,fS.r'? L} adjusted under paragraph until ARMIN turns nineteen (19), at ? _?
pTkwhich time the support payments s all terminate. HUSBAND further agrees to 2
P?- support HARIS for whom he has primary custody until HARIS turns 19.
19.CHILD SUPPORT CREDITS
The parties hereby agree that each shall be entitled to a credit when
the child for whom that parent has primary custody is in the
partial or temporary custody of the other parent for a period of 7 consecutive
days. In such event, the party with primary custody for that child may reduce
child support payments by fifty percent for that 7 day period. There shall be no
reduction for any period less than 7 consecutive days.
20.CHILD SUPPORT, HEALTH INSURANCE
HUSBAND shall provide Blue Cross, Blue Shield, Major Medical or
equivalent coverage for the benefit of HARIS for so long as he is obligated to
contribute to the his support. Parties hereby acknowledge that the Department
of Public Welfare is providing such coverage for ARMIN. Should the
Department of Welfare cease to do so, HUSBAND shall add ARMIN to the
health insurance program that best suits his needs.
21.CHILD SUPPORT, MEDICALS NOT COVERED BY INSURANCE
Both parties agree that HUSBAND will be responsible for any non- covered
medical and or dental expenses for the children, provided that, except in an
emergency situation, the decision to incur extraordinary non-covered medical and/
or dental expenses shall be shared by HUSBAND and WIFE. HUSBAND
agrees not to withhold consent for any such expenses, which would be
reasonably necessary.
22-CHILD SUPPORT BINDING UPON ESTATE
All child support obligations undertaken by HUSBAND pursuant to
this AGREEMENT shall be binding upon his heirs, executors,
administrators, successors, and assigns, and shall constitute a charge against his
estate. It is further acknowledged and agreed that payments are support
payments and are not intended to be debts which are affected by discharge in
bankruptcy.
23. CHILD SUPPORT ADJUSTMENT
The parties agree that in the event of a material change in the cost of
living or the financial circumstances of either party, or of a change in the
custody arrangements set forth herein, the amount of the support payments shall
be subject to an appropriate adjustment by agreement or, if the parties are
unable to agree, by a court of competent jurisdiction.
24. CHILD SUPPORT COST OF LIVING INCREASE
The payments as set forth in paragraph 18 of this AGREEMENT shall be
increased each year, based upon changes in the CPI as published by the US Dept.
of Labor, Bureau of Statistics for Urban Wage and Clerical Workers in the
Philadelphia Standard Metropolitan Statistical
Area. ("The Index') If, on May 1, 2009, or any May 2, subsequent thereto, while
any payments are still required under paragraph 18 of this AGREEMENT, the
Index has increased from the Index of the previous
May 1, then payment pursuant to paragraph18 shall be increased,
effective May I of that year, by a percentage equal to the percentage
increase in the Index or 5 percent, whichever is the lesser. Thereafter,
adjustments shall continue to be made on May 1 of each year in the same
manner as previously set forth with the new base Index figure being the
Index as of the preceding May 1. In the event that there is a percentage decrease
in the Index, the payments shall be reduced by such percentage,
but in no event, shall the payments be reduced below the base level
of payments provided for in paragraph 18 of this AGREEMENT.
25. CHILD SUPPORT EXEMPTIONS
HUSBAND shall be entitled to claim a dependency exemption for HARIS
and WIFE shall be entitled to claim a dependency exemption for
ARMIN for purposes of federal income tax returns. HUSBAND and WIFE will
refrain from taking the child who is not in his or her primary custody as an
exemption on the income tax return.
26. CHILD SUPPORT ENFORCEMENT
The parties hereby agree that all the support provisions contained in
this AGREEMENT (including direct and indirect contributions to support) may
be enforceable by an action in support in accordance with PA Rules of Civil
Procedure, section 1910.1 et seq.
27. CHILD SUPPORT INDEMNIFICATION
The parties hereto recognize, acknowledge, and agree that they
cannot properly prevent or foreclose WIFE from instituting an action for
support, care, education and maintenance of the parties' children. In the event
that WIFE does institute an action, directly or indirectly, HUSBAND shall no
longer be required or obligated to make any of the payments or perform any of
the obligations set forth in paragraph 18 of this AGREEMENT and he shall
support the said minor children as may be required by the court, in accordance
with the parties' circumstances.
Pending the entry of a new Court Order, HUSBAND shall,
nevertheless, comply with paragraph 18, but shall be repaid by WIFE the
amount of any excess payments in the event the new Court Order is less than
what was paid by HUSBAND from the effective date of any such Order.
28. DISABILITY OF HUSBAND
Notwithstanding anything to the contrary in this AGREEMENT, it is hereby
understood and agreed by the parties hereto that in the event HUSBAND shall
become disabled and unable to continue at his regular and present occupation for a
period of sixty (60) days or more, HUSBAND's obligation for payment under
paragraph 18 of this AGREEMENT shall cease until HUSBAND is no longer
medically disabled; and the parties, if WIFE so chooses shall submit themselves to
the Court of Common Pleas of Cumberland County, Family Division, for a
determination of HUSBAND's obligation, if any, as to child support for the parties'
minor children. Notwithstanding anything to the contrary herein, during the
period of HUSBAND's medical disability, WIFE and the parties' minor children
shall be entitled to receive up to 30 percent of HUSBAND's net annual income,
earned and unearned, but in no event to exceed his obligation pursuant to the terms
of this AGREEMENT. For the purposes of clarification, "net income" as used in
this paragraph shall mean the income
to HUSBAND, from whatever source, including disability insurance after
deductions of all Federal, State, and local taxes due thereon. It is further
understood and agreed that in the event HUSBAND claims to be medically disabled,
WIFE shall have the right to have HUSBAND examined by a
medical doctor of her own choice at her own cost. If, thereafter, the parties
are still in conflict as to whether HUSBAND is medically disabled, the
parties shall submit the question of HUSBAND's disability to the Court of
Common Pleas of Cumberland County, Pennsylvania.
29.COUNSEL FEES
WIFE agrees to pay Joanne Marino McGreevy, Esq. for attorney's fees and
legal expenses in conjunction with the negotiation and preparation of this
AGREEMENT, as well as other matters relating to the parties' marital claims
under the Divorce Code.
30.REPRESENTATION BY COUNSEL
The provisions of this AGREEMENT and their legal effect have been
fully explained to the parties by counsel, Joanne Marino McGreevy. WIFE
has employed her and has had the benefit of her counsel. Counsel explained
to HUSBAND that he had the right to independent counsel and that he could
not be adequately represented by WIFE's counsel who must be diligent on
behalf of her client. HUSBAND chose not to retain independent counsel.
Therefore, each party acknowledges that he/she has received, independently,
legal advice from the same counsel, that each fully understands the facts and
has been fully informed as to his or her legal rights and obligations; that 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 with such knowledge; that
execution of this AGREEMENT is not the result of any collusion or
improper or illegal agreement or agreements. In addition, each party hereto
acknowledges that he or she has been fully advised by counsel of the impact
of the Divorce Code. HUSBAND and WIFE acknowledge that each has
conducted a full and thorough investigation of all the assets of the parties and
is satisfied with the distribution of the assets as set forth in this
AGREEMENT and that it is fair and equitable.
31.BANKRUPTCY
It is understood and agreed by and between the parties hereto that
HUSBAND's agreement for payment of future support or other payments he has
agreed to pay hereunder including transfer of automobile title, the sum of
$20,000, and $50,000, as indicated above, shall not be affected by any bankruptcy
proceeding instituted by or against him, voluntarily or involuntarily, and should
not be deemed to constitute or be a dischargeable debt of a bankrupt. HUSBAND
further warrants that he has not heretofore instituted any proceedings pursuant to
the bankruptcy laws nor are there any such proceedings pending with respect to
him, which have been initiated by others.
32. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT
WIFE has filed a divorce action in the Court of Common Pleas of
Cumberland County, Pennsylvania. Within ten (10) days of the execution of
this AGREEMENT, knowing that the marriage is irretrievably broken, and
that it shall be dissolved pursuant to Section 3301 (c) of the Divorce Code, the
the parties agree to the following:
Both HUSBAND and WIFE shall have executed an Affidavit consenting to the entry
of a final decree in divorce.
WIFE shall cause the Affidavits to be filed of record and the divorce finalized.
Unless either party shall request counseling prior to the filing of the Affidavits of
Consent, the right to so request shall be deemed waived.
33. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE
The parties agree that the terms of this AGREEMENT shall be incorporated
into any divorce decree, which may be entered with respect to
them. The parties further agree that the Court of Common Pleas, which
may enter such divorce decree shall retain continuing jurisdiction over the
parties and the subject matter of this AGREEMENT for the purpose of
enforcement of any of the provisions thereof.
34. VOLUNTARY EXECUTION
The provisions of this AGREEMENT and their legal effect have been fully
explained to the parties by counsel and each party acknowledges that
this AGREEMENT is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence.
35. ENTIRE AGREEMENT
This AGREEMENT contains the entire understandings of the parties
and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
36. SITUS
This AGREEMENT shall be construed and governed in accordance
with the laws of the Commonwealth of Pennsylvania.
37. PARTIAL INVALIDITY
If any of the provisions of this AGREEMENT are held to be invalid or
unenforceable, all other provisions shall nevertheless continue in full force and effect.
38. BINDING EFFECT
Except as otherwise stated herein, all provisions of this AGREEMENT shall
be binding upon the respective heirs, next of kin,
executors, and administrators of the parties.
IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have
signed, sealed, and acknowledged this AGREEMENT in two counterparts, each of
which shall constitute an original.
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF :
WITNESS HUSBAND
WITNESS WIFE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : SS:
On this, the 'l 71 day of Q? 1/•t`?Y18'? , 2008, before me the
undersigned officer, persMU/Cl peared
K u? Iyyty' - and
known to me to be the
persons whose names are subscribed to the within instrument, and acknowledged
that he /she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
N TARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA L. SWIGERT, NOTARY PUBLIC
SOUTH MIDDLETON TWP., CUMBERLAND COUNTY
MY COMMISSION EXPIRES JUNE 26, 2010
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ran
?USM1AL Pr 6-YZA ff?G
VS.
S /Ai #4 6-R-,4 /f l G
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. D S CIVIL TERM
PRAECIPE TO TRA.NSNUT 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 3301 (c)
.3301 (d) (Qof the nwme Go
(Strike out inapplicable section) /
2. Date and manner of service of the complaint: `?/iS / ,3,Y
Complete either paragraph (a) or (b).
a. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce code: )
by plaintiff o k by defendant fal/S / 0
b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: ,A! o/1!E
5. Complete either (a) or (b)
a. Date and er of service of the notice of intention to file praecipe to transmit
or d, a copy of which is attached:
b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: / Li ) S /o e
Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the
Prothonotary: -/ Sl v
IrX t
Attorney for Plaintif Defendant
r-a
7 5
4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RUSMIRA GRAHIC
V.
SAMIR GRAHIC : NO. 08-5456 S-2008
DIVORCE DECREE
AND NOW,
)CkPKJL JW _
it is ordered and decreed that
RUSMIRA GRAHIC
plaintiff, and
SAMIR GRAHIC
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
By the,,G-ourt,
Attest: J.
O,
Prothonotary
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