HomeMy WebLinkAbout01-2991APRIL K. BERZlNEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. ~/-¢2 ~/ ~/
GREG G. BERZlNEC,
Defendant : CIVIL ACTION IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are 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 claim of relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you, including custody or visitation of
your children.
When the grounds for the divorce is indignities or irretrievable breakdown of
the marriage, you may request mar~age counseling. A list of mardage counselors is
available in the Office of the Prothonotary at the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
APRIL K. BERZlNEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : DOCKET NO. o I. 2 ~,~ ~ ~.~ --~-.~.
GREG G. BERZlNEC, :
Defendant : CIVIL ACTION IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding filed in the
Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise
you that in accordance with Section 3302(d) of the Divome Code, as amended, you may
request that the Court require you and your spouse to attend marriage counseling prior to
a Divorce Decree being handed down by the Court. A list of professional mardage
counselors is available at the Office of the Prothonotary, Cumberland County Courthouse,
Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All necessary arrangements and
the cost of counseling services are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for
counseling within twenty (20) days of the date on which you receive this Notice. Failure
to do so will constitute a waiver of your right to request counseling.
APRIL K. SERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : DOCKET NO. 0/- .2 ~,/j ~
GREG G. BERZINEC, :
Defendant · CIVIL ACTION IN DIVORCE
COMPLAINT
COUNT I - Divorce 23 Pa.C.S.A. §3301 (c)
1. Plaintiff'April K. Berzinec, is an adult individual residing at 5124 Erb's
Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant Greg G. Berzinec, is an adult individual residing at 5124
Erb's Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6)
months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 18, 1996.
5. Plaintiff avers that the ground upon which this action is based is that
the marriage is irretrievably broken.
6. There have been no prior actions of divome between the parties in
this or any other jurisdiction.
7. The Defendant is not a member of the Armed Services of the United
States of America.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the court require the parties to participate in
counseling.
10. Plaintiff avers that there are no children bom of this marriage.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree
of Divorce.
COUNT II - Divorce Pursuant to 23 Pa. C.S.A. §3301(a) - Indignities
11. The averments of paragraphs 1 through 10 above are incorporated
herein by reference as if set forth in full.
12. It is alleged that Defendant, in violation of his marriage vows and
laws of the Commonwealth of Pennsylvania, has offered such indignities to the Plaintiff as
to make her condition intolerable and her life burdensome.
13. As the innocent and injured spouse, Plaintiff is entitled to entry of a
divorce pursuant to §3301(a)(6).
14. Plaintiff remains the innocent and injured spouse in this action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a
Decree of Divorce.
2
COUNT III - Equitable Division, Distribution and Assignment of
Marital Property
15. The averments of paragraphs 1 through 14 above are incorporated
herein by reference as if set forth in full.
16. The parties are the owners of various items of personal property and
real property which qualify as marital property as defined in Section 3501 of the Divome
Code, as amended from time to time.
17. Said marital property is subject to equitable division, distribution and
assignment by the Court.
WHEREFORE, the Plaintiff requests this Honorable Court equitably divide,
distribute and assign all of the parties' marital property.
COUNT IV - Claim for Counsel Fees, Costa and Expenses
18. The averments of paragraphs 1 through 17 above are incorporated
herein by reference as if set forth in full.
19. Plaintiff has employed John R. Fenstermacher, Esquire, to represent
her in this matrimonial cause.
20. Plaintiff is unable to pay her counsel fees, costs and expenses and
Defendant is more than able to pay them.
21. Defendant has the earnings or eamings capacity to give him the
ability to pay Plaintiff's counsel fees, costs and expenses.
3
22. Reserving the right to apply to the Court for temporary counsel fees,
costs and expenses pdor to the final hearing, Plaintiff respectfully requests that, after final
hearing, this Honorable Court order Defendant to pay Plaintiffs reasonable counsel fees,
costs and expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections
3704(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order
directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
John R. Fenstermacher
~ Supreme Court I.D. #29940
~'"-~ 5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiff
DATED: May 16, 2001
4
VERIFICATION
I, April K. Bmzinec, have mad the foregoing Complaint and hereby cert~
that the facts set forth are true and correct to the best of my knowledge, information and
belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. ~4904
relating to unswom falsification to authorities.
~//~/' Apdl K. Berzine~
DATED:
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLA/qD COUNTY, PENNSYLVANIA
vs. : NO. 01 2991 CIVIL
GREG G. BERZINEC, :
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this /~ 7'~day of ~
2002, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
March 14, 2002, the date set for a Master's hearing, the
agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
BY THE COURT,
cc: /J~n R. Fenstermacher ~o~ ~er, ~ .j.
Attorney for Plaintiff
/T~omas S. Diehl
Attorney for Defendant
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : NO. 01 - 2991 CIVIL
GREG G. BERZINEC, :
Defendant : IN DIVORCE
THE MASTER: Today is Thursday, March 14,
2002. This is the date set for a Master's hearing in the
above captioned divorce proceedings.
The divorce complaint was filed on May 17,
2001, raising grounds for divorce of irretrievable breakdown
of the marriage and indignities. Counsel have advised that
the parties are going to conclude the divorce under Section
3301(c) of the Domestic Relations Code. In furtherance of
those grounds, both parties have signed affidavits of consent
and waivers of notice of intention to request entry of divorce
decree so that the divorce can be concluded under the no-fault
provisions of the code.
The complaint in divorce also raised economic
claims of equitable distribution and counsel fees, costs and
expenses.
After considerable negotiations throughout
the course of these proceedings here in the Master's office,
the parties have reached an agreement with respect to the
outstanding economic issues. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as placed on the record will be considered the
substantive agreement of the parties not subject to changes or
modifications except for correction of typographical errors
which may be made during the transcription. Therefore, when
the parties leave the hearing room they are bound by the terms
of the agreement as stated on the record even though there is
not subsequently a signing of the agreement affirming the
terms of settlement.
As part of the agreement, counsel are going
to attach a judgment note which is going to be provided later
today which is going to be signed by the Defendant, Mr.
Berzinec, and will be made part of these proceedings and part
of the settlement in this case.
Present in the hearing room are the
Plaintiff, April K. Berzinec, and her counsel John R.
Fenstermacher, and the Defendant, Greg G. Berzinec, and his
counsel Thomas S. Diehl.
The parties were married on May 18, 1996, and
separated in May 2001. There are no children of this
marriage.
Upon receipt by the Master of a completed
agreement, the Master will prepare an order vacating his
appointment and counsel can then file a praecipe transmitting
the record to Court requesting a final decree in divorce.
Mr. Diehl.
MR. DIEHL: The parties agree to dispose of
the marital property as follows:
1. Regarding the marital residence, wife will assume
first and second mortgages, in return husband will execute a
deed giving all right, title, and interest to wife within ten
(10) days of today's date. A deed will be prepared by wife's
counsel.
2. Husband shall execute a consent to judgment in the
amount of $22,226.93 which will be payable to wife within the
terms indicated therein which is attached hereto to as Exhibit
No. 2. The note will contain provisions permitting entry of
judgment without any default and will be entered immediately
on the record and will further reflect an annual interest rate
of 10%. The note will not reflect any periodic payments but
will reflect merely the obligation is due and payable
immediately.
3. Furthermore, husband agrees to make monthly payments in
the amount of $650.00 per month in consideration of wife
agreeing not to execute said judgment upon husband's vehicle,
namely a 1997 Jeep Cherokee for a period of 12 months. Such
payments are payable at the first of each month beginning
April 1, 2002. It is noted that husband shall receive a
credit for the month of April 2002 in the amount of $300.00 as
being prepaid through sharing a tax return. Monthly payments
from husband to wife will be made directly to wife's current
residence at 5124 Erb's Bridge Road, Mechanicsburg,
Pennsylvania 17050. In the event the payment is not made by
the 5th of each month then the obligation of the wife to
refrain from execution on the vehicle will become void.
4. The parties have agreed that the personal property has
been divided to their mutual satisfaction with the exception
of the items listed on Exhibit No. 1. Specifically all of
the items on Exhibit 1 except for the bottle collection shall
be made available for pick up by a third party within ten (10)
days of today's date. The bottle collection shall be made
available to husband upon satisfaction of note. In the event
that the obligation reflected in the note, which is attached
as Exhibit No. 2, has not been satisfied within two years of
today's date, wife shall have the right to liquidate that
asset to satisfy the outstanding obligation.
5. Wife shall continue to maintain her 1993 Ford Probe and
husband shall maintain his 1997 Jeep Cherokee. The title
will remain as is, wife will agree to sign her right, title,
and interest over to husband within thirty (30) days of the
note being satisfied.
6. Each party waives any right, title, and interest they
would have to the others retirement accounts.
7. Wife withdraws any claim with respect to attorney fees
from these proceedings.
8. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
THE MASTER: Mrs. Berzinec, you've been here
during the statement of the agreement on the record?
MRS, BERZINEC: Yes.
THE MASTER: Do you understand what has been
stated on the record?
MRS. BERZINEC: Yes.
THE MASTER: Do you have any questions?
MRS. BERZINEC: No,
THE MASTER: And it is your desire to have
the agreement as stated on the record resolve all economic
claims in these divorce proceedings?
MRS. BERZINEC: Yes.
THE MASTER: Mr. Berzinec, have you been
present during the statement of the agreement on the record?
MR. BERZINEC: Yes, I have.
THE MASTER: Do you understand the agreement?
MR. BERZINEC: I do.
THE MASTER: Do you have any questions about
it?
MR. BERZINEC: I don't.
THE MASTER: Is it your desire to have the
agreement satisfy all of the issues regarding the economic
claims in the divorce proceedings?
MR. BERZINEC: Please.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS: DATE:
,y for Pl~T~f ! / A~*il K. Berzi.c
Attorney for Defendant
Personal clothing Fishing gear Camping equipment
Computer books Homemade VHS Husband's CDs and tapes
Personal pictures Bottle collection ½ Brass trinkets
7 pictures in bedroom Oriental rug Dresser (spare room)
Entertainment center 19" T.V. VCR
Old T.V. Outdoor bar and chairs Blue dishes
Papason chair Bass boat and trailer Kayak
Scanoe ½ Christmas decorations Filing cabinet
Personal jewelr~ Spanish sword Brass flatware
__03/14/02 ~ IS:IS FAX 717 891 S441 FE~$'~K)fACfl~K ~002
PROMISSORY JUDGMENT NOTE
FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND,
Grog G. Berzlneo, having an address of 6113 Westover Drive, Mechanicsburg,
Pennsylvania 17050 (hereinafter whether singular or plural called the "Maker") promises
to pay April K. Ber'zineo, having an address of 5124 Erb's Bridge Road, Meohenlcsburg,
Pennsylvania, 17050 (hereinalter called the "Holder") the sum of Twenty-two Thousand
Two Hundred Twenty.~lx Dollam and 93/100 Cer~i ($22,226.93) lawful money of the
United States of America. The principal advanced by Holder to Maker IS in conneotion
w~ resolution of a marital property dispute and shall bear interest at the annual rata of
Ten (10%) percent.
· Tho full amount is due and payable immediately, and no default Is required to
enforce thIs Note and/or obtain Judgment thereunder.
Maker does hereby empower the prothonotary, clerk of court or any
attorney of any court of record in the Commonwealth of Pennsylvania, If this Note IS not
paid when due, to appear for it and, with or without declaration filed, confess judgment
against It for the above sum with c~ste of suit, release of errors, and without .;.y of
exer, ufion, and with f~men (15%) percent added as part of the judgment for attomey'e
fees for collection. Maker fully understands and agrees to the atMohed Explanation of
Rights whioh Is Incorporated heroin by reference.
THIS NOTE MAY BE RECORDED A8 A JUDGMENT AGAINST THE
MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT
UPON THE CREDIT HISTORY OF THE MAKER.
The failure of Holder to declare this Note due and payable on the Maturity
Date shell not constittAo · waiver of any of Holder's remedies, and the same shall be
available to Seller until su=h time as this Note is s~sfied.
The words "Holder" and "Maker" whenever occurring heroin shell be
deemed and construed to include the respective heirs, successors end assigns of Holder
and Maker, end the term "Maker" shell be deemed and construed to Include the singular,
as well es the plural, and tho masculine, feminine and neuter gender, or vice versa. This
instrument shall be construed according to and governed by the laws of the
Commonwealth of Penneylvenle.
03/14/02 THLT 16:16 FAX 717 001 8441 J~i'S'L'ER]fAclIJ~K ~]003
/z./
IN WlTNES$ WHEREOF, Maker has duly ~ this Note this -~ day
of~1'~ ~cL ~ ,2002.
WITNESS: MAKER:
~
By.
A. I dearly and specifically understand that by signing the foregoing
Pmmimlofy Judgment Note dated even date herewith in the amount of Twenty-two
Thousand Two Hundred Twenty-slx Dollars and 93/100 Cents ($22,226.93) (the "Note"),
payable to Apdl K. Berzlnec, (bereinatter the "Holder") which contains a confession of
judgment oleuse:
1. I will authorize the Holder to enter a judgment against me in
Holder's favor which will give the Holder a lien upon any real estate which I
may own, Including my home.
2. I roll give up the right to any notice or opportunity to be heard
prior
enlzy of this Judgment on the records of the court.
3. I will agree that the Holder can enter this Judgment without
any proof of nonpayment or other default on my pert.
4. I will s.u. bJect all of my property, both personal property and
real eatete, to execution (and sheriff's sale) pursuant to this judgment prior
to proof of nonpayment or other default on my part.
· 6. I will be unable to challenge this judgme, nt, should the Holder
enter it, except by · proceeding to open or stnl<e the judgment; and such ·
proeeading will result In attorneys' fees end costs which I will have to pay.
6. I know .and undemtend that It is the confession of judgment
clause In the Note wh,ch gives the Holder 1ha rights enumerated above.
2
B. IF I DO NOT SIGN A NOTE WHICH CONTAIN8 A CONFE8810N OF
JUDGMENT CLAUSE, I UNDERSTAND I WOULD HAVE THE FOLLOWING:
1. The right to have notice and an opporfunlty to be heard pdor
to judgment.
2. The right to have the burden of proving default rests upon the
Holder before my property =an be exposed to execution.
and c~3'' ' The fight to avoid the .ed...dlflonal exben~e of. attorneys' fees
~ncident to the opening or.striking off a confessed judgment.
C. I fully and completely understand these fights ...wh. lch I have received
prior to signing the Note and am clearly aware that these rights mil be given up, waivecl,
relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily
chcoes to sign the Note, my Intanlion being to give up, waive, relinquish and abandon my
known rights (es desen~ed i.n Paragraph B above) and subject myself to the
circumstances described Immediately above.
D. I hereby certify that I, a signatory to the Note, which has a confession of
judgment cJause, have earnings of $10,000.00 or more per year.
WITNESS: I HAVE READ THIS ENTIRE FORM AND
FULLY UNDERSTAND ITS CONTENTS
3
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO.-e"t=L~TS~-ClVlL TERM
GREG G. BERZlNEC,
Defendant : CIVIL ACTION IN DIVORCE
ACCEPTANCE OF SERVICE
I, Thomas S. Diehl, Esquire, counsel for Defendant in the above-captioned
matter, hereby accept service of the Complaint in Divome on behalf of Mr. Berzinec, in
full satisfaction of the Pennsylvania Rules of Civil Procedure.
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on May 17, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both the filing and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of
Notice of Intention to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein am made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after
it is filed with the Prothonotary.
I veri~ 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.A. Section 4904, relating to unsworn falsification to authorities.
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 330t(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.A. Section 4904, relating to unswom falsification to authorities.
Greg G. Be/zinec
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on May 17, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both the filing and service of the
Complaint.
3. I consent to the entry of a final decree of divorce after service of
Notice of Intention to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the Court.
I 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.A. Section 4904, relating to unswom falsification to authorities.
APR/LK. BERZrNEC : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: CIVIL ACTION - LAW
vs. : NO. 0! -299! CIVIL 19
GR~G G. BERZIN£C : IN DIVORCE
Defendant
STATUS SHEET
DATE: ACTIVITIES:
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 01 - 2991 CIVIL
:
GREG G. BERZINEC, :
Defendant : IN DIVORCE
TO: John R. Fenstermacher , Attorney for Plaintiff
Thomas S. Diehl , Attorney for Defendant
DATE: Monday, August 13, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to DreDare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
comDlete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETUENED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
[it the C'onrl of (~oqlnlon Pleas of CUMBERI,AND Courtly, Peflnsylvmda
Fax: (717) 2~-62~
I~ofle: (717)2~ZZ5 SEPTE~ER 20, 2001
Del~ndanl Nallle: GREGORY B. BERZINgC
{)~ke{ Number: 00732 s 200~
PACSES Cam ~umber: ~o~o~7~ ',~' '7
Other State ID Number:
Ile~qe imle: All corm~e m~t i~dc the FACS}[8 Ctqe Numn~"r.
income and Ex~ Statement
THIS FORM MUST BE FILLED OUT
(if you a~ ~lf~lnploy~ or if you are ~laricd by a busims~ of ~fich you arc owmr in whole or ~rt, you must
al~) fill out the Sopp[~n~11fal [iconic Statenwnt which ap~ars on ~gc two of tili~ illcomc arid
statcmellt.)
Ayn~l No. ~4, t,~6 On,ss Pay ~, Pay ~rkd $ qq~. OZ
I~m~d Payroll
OTHER (Fill in AiTmprinlc Col~n) I)ulnhlp '
INCOME WEEK MONTH YEAR PROPERTY
O~ED
Immn $ I I D~RI~IIIN VALUE H W J
Odtr
TOTAL $ $ * H = Husl=l~l; W = Wilk~;
~)TAI, INCOME $
F(~nn IN-IX)8
ScrviccType M W,,rker ID 212o5
htcomca,d I"-'Xl'~fl~c St;Ucmcm PA('5[L~ Ca:,;c Numl~r 909103790
Coverage
INNURAN(:I':
COMPANY H)LICY g H W C
Hospital
M=dical
Blue 5h~hl
(~ltcz
D~bilhy
~nla[
* Il =Huaha~; W =Wife; C =Child
~ion I1: Suppl~mal i~ ~at~
~ (t) whit [~ralCS a husi~ or pracl~a a p~rcU~ll,
~ (2) whn ia a near el a pa,1~
~ (~) who ~ a dia~ha~r iff a~ is abrkd by a clo~ co~at~ ~ simi~r emky.
d. Nalu~ of husi~n (c~k ~)
~ (3) pmfc~mn
~ (4) ck~d ~o~lkm
e. Nane of ~ctm~ant, co~ml~r o[ oder ~
(I) Ilmv oBcn is income fccelved?
(2) Grills htcontc per pay period:
(3) Net itu:mm I~el' pay pcrhxl.
(4) Nl~ccil'lctl dcduct~tms, il'any:
Page 2 of 3 Form IN-~)~
Service Type M Worker ID 212()5
I ucmla-' aP'J I'~ Xl~'-'u~c .Slalcuic'I PACS£S Ca.%e Nuniher 909103?90
Section II1: Expeme~
Jn~lrl. iuli,TiP,: OllJy show exlnmrdinffry exponsol in II]is section unless you filled Olll Seeli(m Il I~11 J~igo IWO. Tile ealag, ries
in BI)I,I! PONT ,,r. especially imlx)rhml fi'st ualculating child suppurt. If you arc roqueslin~ Sp. msal SUpl~')rl/APL or il'
you assorl your eJJS¢ ealUMI hc dclemlined aee~'~rding Ir) die ~uideli.c ~rid.s ~r Ibrmula. Ilii.'~ sc¢liml nmsl hc Ihlly 4:.omplel~d
(Fill ill Appruprialc Culumu) (l:ill in Ai)pmprialc Culumn)
EXPENSES E XPEN.~I':~
WEEK MONTH YEAR (cmltinuod ) WEEK MONTH YEAR
Home Educalion
Oil -- Clmhi~ S
Aul(~i~ ~ ~ Mi~l~ous
~ummobile Fatm~in~m
~ynml~s $ $ ~ S PaY TV
~lor S S ~ i~ SCamdam~ul~ --
a~ptd
M~
~ ~ S S S
Tafll WEEK MONTH YEAR I
I
sMmmems Im~in a~ stll~jecl to lbo criminul i~mlli~s or i s ~. c.s. ~ 4~, mlalin~ {o utm~rl] I~lsifiealion ~) amhorities.
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. i' DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZlNEC,
Defendant : CIVIL ACTION IN DIVORCE
INVENTORY OF APRIL K. BERZlNEC
Plaintiff files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three years.
Plaintiff verifies that the statements made in this invento~j are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
FENSTERMACHER AND ASSOCIATES, P.C.
/f John"R. Fenstermacher
~, Supreme Court I.D. #29940
~ 5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: /O.,2<~-C I
Assets and Liabilities of Parties
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets and debts on the following pages.
(X) 1. Real property and Real Estate Mortgages.
(X) 2. Motor Vehicles and Vehicle Liens
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of Deposit
( ) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
(X) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, worker's
compensation claim/award
( ) 17. Profit sharing plans
(X) 18. Pension Plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category
and attach itemized list if distribution is in dispute)
(X) 26. Other assets
(X) 27. Loans
(X) 28. Credit Cards
(X) 29. Other debts
I. MARITAL PROPERTY AND MARITAL LIABILITI_;-~
Plaintiff lists all marital property in which either or both spouses have a legal or
equitable interest, individually or with any other pemon as of the date of separation and,
all marital liabilities owed by either or both spouses, individually or with any other person
as of the date of separation:
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSBAND WIFE
1. REAL. ~,~¥,~TE: '
A 5124 Erb's Bridge Road 125,000.00
Mechanicsburg, PA 17050
B.1 1st Mortgage 87,000.00
National City
B.2 2"~ Mortgage 45,000.00
PNC Bank, N.A.
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSBAND WIFE
2. :"M, ;OTOR:~H!~!' · '....
A Husband's 1997 Jeep 9,600.00 9,600.00
Cherokee
C Wife's 1993 Ford Probe Premarital
19. RETIREMENT PlaNS AND
IRA ACCOUNTS:
A Husband's Retirement Plan Unknown Unknown
25. ' HOUGEHQED::.C~ODS:'~NDi ..
L,IST:iF:INi::Di~E) '
A Husband's Household 16,775.00 16,775.00
Goods (See attached list)
B Wife's Household Goods 2,925.00 2,925.00
(See attached list)
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSBAND WIFE
28. CREDIT CARDS
A Chase MasterCard A~count (1,125.33) (1,125.33)
#5260 3111 4035 6358
B Capital One Visa Account (2,232.13 (2,232.13)
#4121-7418-2691.5998
C Home Depot Account (347.72 (347.72)
#51 7951 004857 6
D Citi Platinum Select Card (961.76) (961.76
#5424 1803 0423 8535
E AT&T Universal Card (3,648.56) (3,648.56
#5491 1300 1181 8192
F MBNA America Account (1,532.07) (1,532.07)
#5490 9957 6773 8187
G American Express Account (1,803.27 (1,803.27)
#3734-909235-92002
29.
Payme~{s'on' Joint Charges (1,275.00) (1,275.00
made by Wife
Mortgage Payments on Joint (4,337.45) (4,337.45
Obligation made by Wife
Home Equity Loan Payments (2,314.05 (2,314.05)
on Joint Obligation made by
Wife
TOTALS'..;
Total Marital Property 266,722.68 26,375.00 (16,652.34)1
II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED
SECTION I.7 I I I=M NO. 257 A-ROVF
Plaintiff lists all household goods and contents in which either or both spouses
have a legal or equitable interest, individually or with any other person as of the date of
separation, the total value of which is specified in Section I., Item No. 25, above:
PROPERTY IN THE POSSESSION OF HUSBAND
DESCRIPTION I~iF.¥HOD 'EVIDENCE TO VALUE BASIS FOR
OF BE SUBbeD . 'EXCLUSION IF
· VALUATION' :IN"SUpPOR~i' CLAIMED:TO BE
· OFYAI~UATION ' 'NON ~RITAL
Personal clothing 500.00
Guns, cabinet
and snorkel gear 2,750.00
Fishing gear and
accessories 1,500.00
Camping
Equipment 500.00
Computer books
and personal
papers 50.00
Homemade VHS
tapes and
cabinet 550.00
His CD's and
· tapes 150.00
Personal family
~ictures 50.00
Bottle collection 5,000.00
% brass trinkets 150.00
7 pictures from
bedrooms
Usher & Dollie,
etc.) 250.00
Oriental rug 750.00
Dresser (spare
room) 100.00
Entertainment
center (spare
room) 50.00
19" T.V. 50.00
VCR 25.00
Old T.V. ~
~ 25.00
Outdoor bar and
chairs
Blue kitchen 300.00
dishes
50.00
~ 50.00
Bass boat and ~~- --
trailer
Kayak and 1500.00
.~addle
Scanoe 350.00
soo.oo
decorations
Filing cabinet 125.00
with personal
~ 50.oo
~ ~ 100.00
Spanish sword ~
Brass flatware -- ~ ~ 500.00
~ 500.00
PROPERTY IN THE POSSESSION OF WIFE
DESCRIPTION METHOD EVIDENCE TO VALUE BASIS FOR
OF BE SUBMITTED EXCLUSION IF
: VAI~UA~ON I.N ·SUPPORT CLAIMED TO"BE
· . OF VALUe, ON. NON.MARiTAL
Kayak and
paddle 350.00
Lawn mower
and other
garden tools 100.00
Tools and
miscellaneous
(garage) 100.00
Refrigerator in
garage 50.00
Freezer in
garage 50.00
Washer (new) 200.00
Dryer 50.00
½ Christmas
decorations 125.00
Patio furniture 300.00
Kitchen table
and chairs 50.00
Living room
sectional 100.00
2 Entertainment
centers 50.00
27" T.V. 75.00
Desk and chair 50.00
Coffee table,
lamps, end
table 150.00
19" T.V. 50.00
VCR 25.00
Old T.V. 25.00
½ brass trinkets 150.00
7 pictures from
bedrooms
Usher & Dollie,
etc.) 250.00
Cookbooks 200.00
3 other pictures
(spare room) 75.00
Bedroom suite 200.00
Miscellaneous
kitchen items 150.00
'~' "' "': ~"'1
· : ...' ..,: ..... :..... =.. .'..~ '" i.~.':..' .:'. '.'. · · ~ ·
III. PROPERTY TRANSFERREI3
Plaintiff lists all property which was transferred within 3 years of the date of the
commencement of this action or was transferred since the date of separation:
II'~EM:'NO;'' DE~R'i~rON:.OF ,'I:~TE'OF J /
/ PEOI~ERTY I TRANS.FER/ CONSIDERATION NAME OF
/ None known TRANSI-L~,EE
CERTIFICATE OF SERVICE
AND NOW, on this ~>~>~day of October, 2001, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Inventory by
mailing a true and correct copy by United States first class mail, addressed as follows:
Thomas S. Diehl, Esquire
One West High Street, Suite 208
P. O. Box 1290
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
~rmacher
[ ~ [ I I1 i--I ili
oCT 6
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. · DOCKET NO. 01-2994 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
PLAINTIFF APRIL K. BERZlNEC'S PRE-TRIAL STATEMENT
PURSUANT TO PA~ R.C.P. 1920.33(b)
AND NOW comes the Plaintiff, April K. Berzinec, by and through her attorneys,
the Offices of Fenstermacher and Associates, P.C., and files this Pre-Trial Statement,
as follows:
t. List of Assets:
Inventory of April K. Berzinec, attached as Exhibit "A" hereto.
2. Experts: It is not anticipated that experts will be required for the hearing.
Plaintiff reserves the right to present an expert appraisal of the marital home. While
Plaintiff does not expect to cell an expert regarding the tangible personal property of the
individuals, Plaintiff reserves that right.
3. Non-expert Witneaae~: April K. Serzinec
4. Exhibits:
A. Income tax returns of Plaintiff and Defendant
S. Appraisal of marital home
C. Pay stubs of Plaintiff and Defendant
D. Receipts for various personal property
E. Credit card statements, mortgage statements
Plaintiff reserves the right to timely supplement this response upon receipt of relevant
information from the Defendant or upon discovery of additional information.
6, Plaintiff's Income: See Plaintiff's Income and Expense Statement is attached
hereto as Exhibit 'B".
6. Pension Value: Plaintiff has no pension. Defendant's pension has not been
valued.
7. Counsel Fese: Plaintiff requests payment of counsel fees in the amount of
$1,500.00.
8. Dial3utad Value of Property: The parties have been unable to agree as to the
location or value of the personal property involved in this transaction. Accordingly, all
items listed on the Inventory of Plaintiff are in dispute at the present time.
9. Marital Debta:
See Inventory of April K. Berzinec.
10. Propoaed Reeolufion: Plaintiff will retain the marital home and assume the
two mortgages encumbering the property. Defendant will pay one-half of all credit card
balances excluding the American Express card balance, which will be paid fully by
Defendant. The MBNA credit card will be equally split between the parties and a $6,000
payment to Plaintiff for assumption of the obligations on the marital home will be made
by Defendant. Defendant will pay Plaintiff one-half of all payments made on account of
joint obligations since the date of separation. Personal property will be divided as set
2
forth on the Inventory attached hereto and incorporated heroin by reference. Defendant
shall pay counsel fees of Plaintiff in the amount of $2,500.00.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
S ' '
her
~ .,Supreme Court I.D. #29940
--5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: October 25, 2001
3
EXHIBIT 'A'
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
INVENTORY OF APRIL K. BERZINEC
Plaintiff files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three years.
Plaintiff verifies that the statements made in this inventory are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
FENSTERMACHER AND ASSOCIATES, P.C.
Bye-'
John~R. Fenstermacher
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: /o -~ 5--0 /
Assets and Liabilities of Parties
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets and debts on the following pages.
(X) 1. Real property and Real Estate Mortgages.
(X) 2. Motor Vehicles and Vehicle Liens
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of Deposit
( ) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
(X) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benef'~s - severance pay, worker's
compensation claim/award
( ) 17. Profit sharing plans
(X) 18. Pension Plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category
and attach itemized list if distribution is in dispute)
(X) 26. Other assets
(X) 27. Loans
(X) 28. Credit Cards
(X) 29. Other debts
I. MARITAL PROPERTY AND MARITAL LIABILITIE~
Plaintiff lists all marital property in which either or both spouses have a legal or
equitable interest, individually or with any other person as of the date of separation and,
all marital liabilities owed by either or both spouses, individually or with any other person
as of the date of separation:
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSRAND WIFE
1. : ..
A 5124 Erb's Rddge Road :125,000.00
Mechanicsburg, PA 17050
R.1 1s~ Mortgage 87,000.00
National City
B.2 2"0 Mortgage 45,000.00
PNC Rank, N.A.
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSBAND WIFE
2. MOTOR'~HI~LE$'., ....
A Husband's 1997 Jeep 9,600.00 9,600.00
Cherokee
C W"ife's 1993 Ford Probe Premarital
19. RE~IREM.E~ PLANS AND
IRA AO.C.,':OUNTS:
A Husband's Retirement Plan Unknown Unknown
.'~~~~.. ' i.::.".'.." ' ":'" .':. ,.:"....i. '.'
u'.s;'~,=~':~i~i~,"' ""'
A Husband's Household 16,775.00 16,775.00
Goods (See attached list)
B Wife's Household Goods 2,925.00 2,925.00
See attached list)
ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO
NO. PROPERTY OR LIABILITY HUSBAND WIFE
28. CREDIT C/~RDS
A Chase MasterCard Account (1,125.33) (1,125.33
#5260 3111 4035 6358
B Capital One Visa Account (2,232.13) (2,232.13)
#4121-7418-2691_5998
C Home Depot Account (347.72 (347.72)
#51 7951 004857 6
D Citi Platinum Select Card (961.76) (961.76)
#5424 1803 0423 8535
E AT&T Universal Card (3,648.56) (3,648.56
#5491 1300 1181 8192
F MBNA America Account (1,532.07) (1,532.07
#5490 9957 6773 8187
G American Express Account (1,803.27) (1,803.27)
#3734-909235-92002
Payments on Joint Charges (1,275.00 (1,275.00)
made by Wife
Mortgage Payments on Joint (4,337.45 (4,337.45)
Obligation made by Wife
Home Equity Loan Payments (2,314.05) (2,314.05
on Joint Obligation made by
Wife
TO~AL,S
Total Marital Property .... 266,722.68 26,375.00 (16,652.34)
II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED
SECTION kI I I bM NO. 257 A-~OVF
Plaintiff lists all household goods and contents in which either or both spouses
have a legal or equitable interest, individually or with any other person as of the date of
separation, the total value of which is specified in Section I., Item No. 25, above:
PROPERTY IN THE POSSESSION OF HUSBAND
DESCRIPTIOI~ I~tETHOD EV~E~E ~O VALUE BASIS FOR
.OF ..... BE.SUrMISED EXCL.US!ON IF
· . .... O~ .V...~[/U~ON NON...~i~i~AL
Personal clothing 500.00
Guns, cabinet
and snorkel Gear 2,750.00
Fishing Gear and
accessories 1,500.00
Camping
Equipment 500.00
Computer books
and personal
papers 50.00
Hor~-~i,,ade VHS
tapes and
cabinet 550.00
His CD's and
tapes 150.00
Personal family
pictures 50.00
Bottle collect;o, 5,000.00
% brass trinkets 150.00
7 pictures from
bedrooms
(Usher & Dollie,
etc.) 250.00
Or;=,[al rug 750.00
Dresser (spare
room) 100.00:
Entertainment
center (spare
room) 50.00
19" T.V. 50.00
VCR 25.00
Old T.V. 25.00
Outdoor bar and
chaim
Blue kitchen 300.00
dishes 50.00
Papason chair 50.00
R~_~ boat and
trailer 1500.00
Kayak and
3addle 350.00
Scanoe 800.00
% Christmas
decorations 125.00
Filing cabinet
with personal
papers 50.00
Personal j~.';c~ 100.00
Spanish sword
(father's) 500.00
Brass f~atware 500.00
....... · '.'"' ":".' '" ..'="':'=' :' · "?" · "',."". :. "..:";". ':.' .....
PROPERTY IN THE POSSESSION OF WIFE
DESCRIPTION METHOD EVIDENCE TO VALUE BASIS FOR
OF BE SUBMITTED EXCLUSION.IF
· VAI~uA~!.ON I'N SUPP.QRT cLAIMED TO .BE
OF' VAlUAtION .NON MARITAL
Kayak and
paddle 350.00
Lawn mower
and other
garden tools 100.00
Tools and
miscellaneous
(garage) 100.00
Refrigerator in
garage 50.00
Freezer in
garage 50.00
Washer (new) 200.00
Dryer 50.00
½ Christmas
decorations 125.00
Patio furniture 300.00
Kitchen table
and chairs 50.00
Living room
sectional 100.00
2 Entertainmenl
centers 50.00
27" T.V. 75.00
Desk and chair
Coffee table, 50.00
lamps, end
table
19" T.V. 150.00
VCR 50.00
Old T.V. 25.00
½ brass tdnkets 25.00
7pictures from 150.00
bedrooms
(Usher & Dollie,
etc.) 250.00
Cookbooks 200.00
3 other pictures
(spare room) 75.00
Bedroom suite 200.00
Miscellaneous
kitchen items 150.00
,.. .~ '.' ~,.'. ~'?~.." ',.! "..'.:~'.~:,'..i'.~"..~;:'.~:i:.."." :. "..,~ ,:.'.: ':,"~." '."'i. '.:?.".'"" .2i~0'
III. .PROPERTY TRANSFERREI')
Plaintiff lists all property which was transferred within 3 years of the date of the
commencement of this action or was transferred since the date of separation:
CERTIFICATE OF SERVICE
AND NOW, on this '~)'~'?'day of October, 2001, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Inventon/ by
mailing a true and correct copy by United States first class mail, addressed as follows:
Thomas S. Diehl, Esquire
One West High Street, Suite 208
P. O. Box 1290
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
enstermacher
EXHIBIT 'B'
[,i the Courl of Commml Pleas of CUMBERLAND Courtly, Pen,lsylvani'a
13 N. HANOVER ST, P.O. BOX 320, CARl,ISLE, PA. 17013
Fax: (717) 24~=6248
Phone: (717) 240-6225 SEPTEMBER 20, 2003.
Plaintiff Name: zxpRx,. K.
Defendant Name: oeEoo~Y n. B~eZTt~-C
Docket Number: o0732 s
PACSES Case Number: 9osz0379~/'::: '"/~".7
Other State ID Number:
Iqeaeie nmle: All ¢#rrespondes~e must indmle the I'nC,qF.~i Ca~e Numher.
Income and Exoense Statement
THIS FORM MUST BE FILLED OUT
(If you are sell:employed or it' you are ~laried by a business of which yuu are owner in whole or part, you nlUSl
al~) fill oul Ihe Supplemental luconm Statement whi~:h appear~ on page tm) of this il~.on~ and
statement. )
INCOME STATEMENT OF AO¢i [ ~' ~" f'?_.[~.C.
%
INCOME:
~m~d ~ymll [~flucliom:
~HER (Fiji in Appmprlale Column) (~oer~hip
INCOME WEEK MONTH YEAR PROPERTY
()~ED D~RI~I()N VAI,UE H W J
Gifts
WoA~n's
t~r TOTAl,
TOTAL $ $ $ * H =Hushand~ W=Wifc~ J =Joint
So~ico Type M W.~cr ID 21205
hlcttrlle a.d Expense S[a[Clll~ll[ PACSES C:asc Numar 909~03~90
Coverage *
INNURANUE
COMPANY ~)LICY ~ H W C
Hosoiml
Blu~ Cmsn
Medical
a. 11ds 6~rm is In
~ (I) whn ~raics a husi~ or p~ct~& a pmfcss~., or
~ (2) wh.
~ (3) wh. L~ a ~a~hol~f in a~ is ~hr~d by a clogd ct~o~n or simi~r e~ky.
Add~u a~ le~pho~ nu~c
~ ti) pan~tip
~ (Z) joia ~nzu~
~ (3)
~ (4) cloud
(2) Gross i~lconE ~r pay pcrb.~d:
Net ilic.me ler pay perk~l:
(4) Slv,:cifled dcduct~m.%, il' ally:
Page 2 of 3 Form IN-O08
Service 'rye., M W,,rker ID 212(15
h~l)mc amJ Exp¢,~ Sla(¢n]~nl PA(;$I~S Case Nunlbcr 909103790
(Fill in Appmprialc C~dumn) (Fiji i~] kppn~r~le Cfllumn)
EXPEN~E~ EXPENSES
WEEK MONTH YEAR (cominucd) WEEK MONTH YEAR
Home ~ucat~n
Mnnga~l~l~ S ~,~ S Private
Te~phom F~
I
~ans
Accidem ~L~ ' C~Ca~
~y~aas PaY TV
~airs ~ ~4 Gifts
Hm~ld P~m~
~q S S S
o~ ~v~]
T~al WEEK MO~TH YEAR I
I
Dale ~nintifl' o/De fe[~fll '
P,g~ 3 of 3 ~t~n
Se~ik'e Tyl~ M W,)rker
CERTIFICATE OF SERVICE
AND NOW, on this ~.~-"~' day of October, 2001, I, John R.
Fenstermacher, Esquire, hereby certify that I have served the foregoing Pre-Trial
Statement by mailing a true and correct copy by United States first class mail, addressed
as follows:
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Thomas S. Diehl, Esquire
One West High Street, Suite 208
P. O. Box 1290
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
~ohn R. Fenstermacher
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 01 - 2991 CIVIL
GREG G. BERZINEC, :
Defendant : IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: John R. Fenstermacher , Attorney for Plaintiff
Thomas S. Diehl , Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 28th day of November 2001, at
9:30 a.m., at which time we will review the Dre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 10/31/01 E. Robert Elicker, II
Divorce Master
John R. Fenstermacher, Attorney for Plaintiff, filed a
pre-t~ial statement on October 26, 2001.
Thomas S. Diehl, Attorney for Defendant, has not filed a
pre-trial statement as of the date of this notice.
IN THE COURT OF CO~9~.ON PLEAS OF
C%~MBE?J~AND COUNTY, P~NSYLVANIA
APRIL K. BEBZINEC, :
Plaintiff :
GREG C. BERZINEC, : O! -~q~ ~
: NO. 01-299{ CIVIL TERM
~ION FOR APPOLNTM~NT OF
April K. Berzinec (Plaid=iff) ~, moves =he
a ~s=er wi=h respec= =o the followin~
(X) Divorce ( X ) Dls=r~Su=ion of Property
( ) .~nu~en= ( ) Supper:
( ) ~n~ ( X ) Counsel Fees
( ) ~ouy Penden~a Li~e (X) Costs ~d ~enses
and in suppor= of =he ~ion sta:es:
(1) Discove~ Is college as ~o the cla~s(s) for which ~he
appoint= of a ~sCer is requesced.
(2) ~e defen~n~ (has) ~ app~red ~ =he action {~)
(by h~ a==o~, Th~as Diehl ,Esquire).
(3) ~e s=a=uro~ ~round(s) for divoroe (~ (are)
irretrievable breakd~ and ind~n~ties
(4) Deleca che i~pplicabla paragraph(s):
(b) ~ agre~en~ has been ~eache~ wi~h respec~ uo the
(c) ~e ac=ion is con=as=ad with =aspec= =o the ~ollowin~
cl~: Ail of ~he above.
(~) ~e accion (~ (does no= ~volve) co~lax issues o~ law
(~) ~e h~r~S is ~ec=ed =o =a~ =hree (3~ (hours)
Dace: 8/6/01 .'- "
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 01 2991 CIVIL
:
GREG G. BERZINEC, :
Defendant : IN DIVORCE
TO: John R. Fenstermacher , Attorney for Plaintiff
Thomas S. Diehl , Attorney for Defendant
DATE: Monday, August 13, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT (~)
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
FENSTERMACHER AND ASSOCIATES, P.C.
A'I'rOR/~'YS AND COUNSELORS AT LAW
JOHN R. FE~S ~ J:4~,MACHER *,~F.M~EE ~WI~t'~,ANL~ AND
September 14, 2001
E. Robert Elicker, II, Esquire
Cumberland County Divorce Master's Office
9 North Hanover Street
Carlisle, PA 17013
RE: Berzinec v. Berzinec
No. 01-2991 Civil (Cumberland County)
Dear Mr. Elicker:
Enclosed please find an executed Discovery Certification. Thank you.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C,
"C,e~nie R. Shultz,'~ecmtary
crs
Enclosure
cc: Thomas Diehl, Esquire (w/Enclosure)
April Berzinec
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 01 - 2991 CIVIL
:
GREG G. BERZINEC, :
Defendant : IN DIVORCE
TO: John R. Fenstermacher , Attorney for Plaintiff
Thomas S. Diehl
, Attorney for Defendant
DATE: Monday, August 13, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been apDointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Not applicable.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Not applicable.
September 14t 2001
DATE UNS~''FOR PLAINTIFF (~)
L DEFENDANT ( )
FOR
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
: IN THE COURT OF COMMON PLEAS OF
APRILK. BERZINEC : CUMBERLAND COUNTY, PENNSYLVANIA
¥. : NO. 01 -2991
GREG G. BERZINEC : civli. ;:c'rloN Lt..t.:
: IN l) 1 VORC]~
ORDER AND NOTICE SETTING HEARING
TO: April K. Berzinec , Plaintiff
John R. Fenstermacher , Counsel for Plaintiff
Greg G. Berzinec De f e nd a n t
Thomas S. Diehl Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 14th day
,.f March , 2002 at h30 ,.:t ¥.'h:,.!:
....................... p.m.
place and time you will be given the opportunity to p:-esen~
witnesses and exhibits in support of your case.
By t e C rt,
~EC.~H°~ff r, President Judge
Date of Order and
Notice: 1/25/02 By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CIJMBERLANI) C()UNTY }lAN ASSOC]AT]ON
2 I.] BI':I'I,'I"(
CARI,I'-I.] . :'/- 1'/0! ~
'l'l.J }.:I'II[,:-H.: i ! ! .-.iu.
IN THE COURT OF CONNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
APRIL K. BERZINEC, . :
~, Plaintiff :
: File No. 01-2991 Civil Term
vs. : IN DIVORCE
GREG G. B~RZTMEC. :
Defendant -
NOTICE TO RESUHE PRIOR SURNAHE
Notice is hereby given that the Plaintiff~ in the
above matter, having been granted a Final Decree in Divorce on the
26th day of March, 2002 , hereby elects to resume the
prior surname of Deamer , and gives
this written notice pursuant to the provisions of 54 P.S. S 704·
/ Signat~/
Signgture of name being resu*ed
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND :
.._J~.~__ day of . Anr~l 20~_, before me, a
On
the
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to tile within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have here~nt.o seL my )land and official
seal.
NOTARIAL SEAL
ROBYN A. CRON~I, Nomy Public
c;ommission ExPees Sept 23. 2002
APRIL K. BERZINEC, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 01-2991 CIVIL TERM
GREG G. BERZINEC,
Defendant : CIVIL ACTION IN DIVORCE
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. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: June 1, 2001, via
Acceptance of Service by Defendant's counsel, Thomas S. Diehl, Esquire, recorded
June 8, 2001.
3. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code: by plaintiff November 28, 2001; by defendant November 28, 2001,
and previously recorded.
4. Related claims pending: None. All related claims resolved pursuant to a
Settlement Agreement, dated March 14, 2002, attached hereto.
~,. John R. Fenstermacher, Esquire
Attorney for Plaintiff
Plaintiff ' ' ~
APRIL K. BERZINEC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
Vs. : NO. 01 - 2991 CIVIL
GREG G. BERZINEC, :
Defendant : IN DIVORCE
THE MASTER: Today is Thursday, March 14,
2002. This is the date set for a Master's hearing in the
above captioned divorce proceedings.
The divorce complaint was filed on May 17,
2001, raising grounds for divorce of irretrievable breakdown
of the marriage and indignities. Counsel have advised that
the parties are going to conclude the divorce under Section
3301(c) of the Domestic Relations Code. In furtherance of
those grounds, both parties have signed affidavits of consent
and waivers of notice of intention to request entry of divorce
decree so that the divorce can be concluded under the no-fault
provisions of the code.
The complaint in divorce also raised economic
claims of equitable distribution and counsel fees, costs and
expenses.
After considerable negotiations throughout
the course of these proceedings here in the Master's office,
the parties have reached an agreement with respect to the
outstanding economic issues. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as placed on the record will be considered the
substantive agreement of the parties not subject to changes or
modifications except for correction of typographical errors
which may be made during the transcription. Therefore, when
the parties leave the hearing room they are bound by the terms
of the agreement as stated on the record even though there is
not subsequently a signing of the agreement affirming the
terms of settlement.
As part of the agreement, counsel are going
to attach a judgment note which is going to be provided later
today which is going to be signed by the Defendant, Mr.
Berzinec, and will be made part of these proceedings and part
of the settlement in this case.
Present in the hearing room are the
Plaintiff, April K. Berzinec, and her counsel John R.
Fenstermacher, and the Defendant, Greg G. Berzinec, and his
counsel Thomas S. Diehl.
The parties were married on May 18, 1996, and
separated in May 2001. There are no children of this
marriage.
Upon receipt by the Master of a completed
agreement, the Master will prepare an order vacating his
appointment and counsel can then file a praecipe transmitting
the record to Court requesting a final decree in divorce.
Mr. Diehl.
MR. DIEHL: The parties agree to dispose of
the marital property as follows:
1. Regarding the marital residence, wife will assume
first and second mortgages, in return husband will execute a
deed giving all right, title, and interest to wife within ten
(10) days of today's date. A deed will be prepared by wife's
counsel.
2. Husband shall execute a consent to judgment in the
amount of $22,226.93 which will be payable to wife within the
terms indicated therein which is attached hereto to as Exhibit
No. 2. The note will contain provisions permitting entry of
judgment without any default and will be entered immediately
on the record and will further reflect an annual interest rate
of 10%. The note will not reflect any periodic payments but
will reflect merely the obligation is due and payable
immediately.
3. Furthermore, husband agrees to make monthly payments in
the amount of $650.00 per month in consideration of wife
agreeing not to execute said judgment upon husband's vehicle,
namely a 1997 Jeep Cherokee for a period of 12 months. Such
payments are payable at the first of each month beginning
April 1, 2002. It is noted that husband shall receive a
credit for the month of April 2002 in the amount of $300.00 as
being prepaid through sharing a tax return. Monthly payments
from husband to wife will be made directly to wife's current
residence at 5124 Erb's Bridge Road, Mechanicsburg,
Pennsylvania 17050. In the event the payment is not made by
the 5th of each month then the obligation of the wife to
refrain from execution on the vehicle will become void.
4. The parties have agreed that the personal property has
been divided to their mutual satisfaction with the exception
of the items listed on Exhibit No. 1. Specifically all of
the items on Exhibit 1 except for the bottle collection shall
be made available for pick up by a third party within ten (10)
days of today's date. The bottle collection shall be made
available to husband upon satisfaction of note. In the event
that the obligation reflected in the note, which is attached
as Exhibit No. 2, has not been satisfied within two years of
today's date, wife shall have the right to liquidate that
asset to satisfy the outstanding obligation.
5. Wife shall continue to maintain her 1993 Ford Probe and
husband shall maintain his 1997 Jeep Cherokee. The title
will remain as is, wife will agree to sign her right, title,
and interest over to husband within thirty (30) days of the
note being satisfied.
6. Each party waives any right, title, and interest they
would have to the others retirement accounts.
7. Wife withdraws any claim with respect to attorney fees
from these proceedings.
8. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
THE MASTER: Mrs. Berzinec, you've been here
during the statement of the agreement on the record?
MRS. BERZINEC: Yes.
THE MASTER: Do you understand what has been
stated on the record?
MRS. BERZINEC: Yes.
THE MASTER: Do you have any questions?
MRS. BERZINEC: No.
THE MASTER: And it is your desire to have
the agreement as stated on the record resolve all economic
claims in these divorce proceedings?
MRS. BERZINEC: Yes.
THE MASTER: Mr. Berzinec, have you been
present during the statement of the agreement on the record?
MR. BERZINEC: Yes, I have.
THE MASTER: Do you understand the agreement?
MR. BERZINEC: I do.
THE MASTER: Do you have any questions about
it?
MR. BERZINEC: I don't.
THE MASTER: Is it your desire to have the
agreement satisfy all of the issues regarding the economic
claims in the divorce proceedings?
MR. BERZINEC: Please.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS: DATE:
( - .3
· John R Fenstermacher ! '/
· ;~p~ril K.' ~erzi~c
~ttorney for Pl. aintiff
~T~n o m~'s --S .-bie~l
Attorney for Defendant
Personal clothing Fishing gear Camping equipment
Computer books Homemade VHS Husband's CDs and tapes
Personal pictures Bottle collection ½ Brass trinkets
7 pictures in bedroom Oriental rug Dresser (spare room)
Entertainment center 19" T.V. VCR
Old T.V. Outdoor bar and chairs Blue dishes
Papason chair Bass boat and trailer Kayak
Scanoe ½ Christmas decorations Filing cabinet
Personal jewelry Spanish sword Brass flatware
0~/~4/02 TIIU 15:~5 FA~ 7~? 89! 5441 FE~S'I'~R~U. CI~R ~002
PROMISSORY JUDGMENT NOTE
FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND,
Grag G. Berzine=, having an eddmas of 6113 Weetover D~ri~_e,,, Mechanicaburg,
Pennsytvenia 17050 (hereinafter whether singular or plural called the Maker") promlsee
t= pay April K. Berztnee, having an address of 5124 Erb's Bridge Road, Meehanicsburg,
Pennsylvania, 17050 (hereinafter called the "Holder") the sum of Twenty-two Thousand
Two Hundred Twenty-slx Dollem and 93/100 Cents ($22,226.93) lawful money of the
United 8rates of America. The principal advanced by Holder to Maker Is in conneetion
wilh resolution of a marital property dispute and shall beer interest at the annual rate of
Ten (10%) percen'c
· The full amount is due and payable immediately, and no default is required to
enforce this Note and/or obtain Judgment thereunder.
Maker does hereby empower the prothonota~/, clerk of court or any
attorney of any court of record in the Commonwealth of Pennsylvenla, If this Note · not
paid when due, to appear for it and, with or without declaration flied, confess judgment
against It for the above sum with costs of suit, release of errors, and without stay of
exer, ution, and with fifteen (15%) per=ant added as part of the judgment for attorney's
fees for collection. Maker fully understands and agrees to the at~ached Explanation of
Rights which Is Incorporated herein by roferen=e.
THIS NOTE MAY BE RECORDED A~ A JUDGMENT AGAINST THE
MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT
UPON THE CREDIT HISTORY OF THE MAKER.
The failure of Holder to deciam this Note due and payable on the Motur~
Date shall not constitute a waiver of any of Holder's remedies, and the same shall be
available to Seller until such time as thL~ Note is sath~ed.
The words "Holder" and ""Maker" whenever or. tuning herein shall be
deemed and construed to include the respective heirs, successors and assigns of Holder
and Maker, and the term "Maker'" shall be deemed and construed to Inciude the singular,
as well as the plural, and the masculine, feminine and neuter gender, or vico versa. This
in=;.,msnt shall be construed according to and governed by the laws of the
Commonwealth of Pennsylvania.
03/14/02 ~ 16:16 FAX 717 691 6441 I~NSi'~ACm~R ~003
IN VVlTNES8 WHEREOF, Maker has duly executed this Note this '~ day
of , 2002.
WITNESS: MAKER:
By:~
A. I clearly and specifically unde[,,ta..nd that by signing the foregoing
Pmmlssmy Judgment Note dated even date herewith in the amount of Twenty-two
Thousand Two Hundred Twenty-slx Dollars and 93/100 Cents ($22,228.g3) (the "Note"),
payable to Apdl K. Be,~ec, (hereinafter the "Holder") which contains a confession of
judgment olause:
1. I will authorize the Holder to enter a judgment against me in
Holders favor which will give the Holder a lien upon any real estate which I
may own, including my home.
2. I ell give up the right to any notice or opportunity to be heard
pdor to the enlry of this Judgment on the records of the court.
3. I will agree that the Holder can enter this Judgment without
any proof of nonpayment or other default on my part.
4. I will subject all of my property, both personal property and
real estate, to exm=ution (and sheriff's sale) pursuant to this judgment prior
to proof of nonpayment or other default on my perk.
5. I will be unable to challenge this judgment, should the Holder
enter it, except by a proceeding to open or strike the judgment; and such a
p~ing will result in attorneys' fees and costs which I will have to pay.
8. I know .and understand that it is the confession of judgment
clause In the Note wh;ch gives the Holder the dghts enumerated above.
2
03/14/02 THU 15:16 FAX 7~7 691 6441 F~NS'r~,J~ ~004
B. IF I DO NOT SIGN A NOTE WHICH CONTAIN8 A CONFE8810N OF
JUDG_~..U. ENT CLAUSE, I UNDERSTAND I WOULD HAVE THE FOLLOWING:
I. The right to have notice and an opportunity to be heard prior
to judgment.
2. The ~ht to have the burden of proving default rests upon the
Holder before my property =an be exposed to execution.
3. The right to avoid the additional expense of. attorneys' fees
and
incident to the opening or.striking off a confessed judgment.
C. I fully and completely unde, a~,,nd these rights ...wh. lch .I have received
prior to signing the Note and am clearly aware that these rights wdl be grven up, waived,
relinquished end abandoned if I sign the Note. Nevertheless, i freely and voluntarily
choose to sign the Note, my Intention being to give up, waive, relinquish and abandon my
known rights (as das~,'fibad in Paragraph B above) and subject myself to the
clrcumstan=es described immediately above.
D. I hereby ce~Jfy that I, a signatory to the Note, whl~ has a confession of
judgment clause, have earnings of $10,000.00 or more per year.
WITNESS: I HAVE READ THIS ENTIRE FORM AND
FULLY UNDERSTAND IT8 CONTENTS
3
IN The COURT OF COMMON PLEAS
Of CUMBERLAND COUNTY
STATE OF ..~. PENNA.
........................................... !1 No. 0.~.-..~.~..~ .........................
Iiii,
Versus II
DECREE IN
AND NOW, .... ~ .........~ ......... ..~q0~.. it .. ordered
decreed thor ap=ti K. SeTziaec defendant,Plaintiff'
and ... ~. ~:. ~ .......................................
are di~rced 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;
Prothonotary