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HomeMy WebLinkAbout05-1219BLANKA KEZIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - ?2 d a CIVIL TERM ZDENKO KEZIC, 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 BLANKA KEZIC, V. ZDENKO KEZIC, DIVORCE COMPLAINT 1. Plaintiff is Blanka Kezic, an adult individual who currently resides at 1905 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013-1028. 2. Defendant is Zdenko Kezic, an adult individual who currently resides at c/o Celikovic, 1902 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013- 1027. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 30, 1983 in, Banjaluka, Bosnia-Herzegovina. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. &. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - CIVIL TERM CIVIL ACTION-LAW Defendant IN DIVORCE Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: March 2005 Michael A. Sc erer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Blanka Kezic maslDomesticlKezic%divorce.com p BLANKA KEZIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - CIVIL TERM ZDENKO KEZIC, 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: March 7 2005 'rt ter"? ? AP'Z/ ` Blanka Kezic 1 V ' f?f 1 W` V^^ r"?11 J li V r? "„ n t V J BLANKA KEZIC, IN THE COURT OF COMMON PLE Plaintiff CUMBERLAND COUNTY, PENNS' V. NO. 2005 - 1219 CIVIL 1 ZDENKO KEZIC, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the -,? 3 day of March, 2005, I, Zdenko Kezic, e Defendant, hereby accept service of the Complaint in Divorce filed in the at pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and aft Complaint. Zdenko Kezic S OF VANIA action copy of said ?"? (-? ` ? C,. u ,_a ':-'? ? 7,?-. ^ ' `. '.' ? _ , C.- '.?'v `.f "; -?. ?. ?? . " . t? _ .-. .? ca 'r BLANKA KEZIC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ZDENKO KEZIC, Defendant No. 05-1219 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ti- day of Ot 6zr 2006, by nd between Blanca Kezic, of 1905 Esther Drive, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," A N D Zdenko Kezic, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in ma on July 30, 1983 in the country of Bosnia-Herzegovia; and, R.2: Two (2) children were born of the marriage: Alexandra Kezic, born January 18, 1987 and Valentino Kezic, born February 28, 1994; and, 1 R.3: Differences have arisen between the parties, in consequence of whi they have lived separate and apart since on or about February 16, 2005; and, RA: The Parties have resolved that it is not possible to continue the relationship between them for reasons known to them, in consequence of which are living separate and apart; and, R.5: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County, in the Commonwealth of Pennsylvania, to above-captioned number; and, R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the estate of the other, including property heretofore or subsequently acquired by party, and to settle all disputes existing between them, including any claims or rig that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Husband and Wife declare that each has had a full and fair opportuni obtain independent legal advice of counsel of their selection; that Husband has bee independently represented by Osvaldo Espinosa, Esquire of Lancaster, Pennsylva or to and that Wife has been independently represented by Michael A. Scherer, Esquire. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in considerati the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is here acknowledged, and the parties, intending to be legally bound, hereby agree as fol of 2 (1) SEPARATION: It shall be lawful for each party at all times hereafter live separate and apart from the other party at such place or places as he or she fr m time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect be een the members of the family of either party. (2) REAL PROPERTY: The parties are the joint owners of certain real property located at 1905 Esther Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Husband shall deed his right, title and interest in the marital residence to Wife concurrent with the execution of this agreement and the marital residence shall be the separate property of Wife. The parties have a mortg ge with PNC Bank at a very favorable rate of interest on the marital residence with a p yoff of approximately $59,000.00. It shall be Wife's sole obligation to repay the entire s m remaining due to PNC Bank relative to this mortgage. Husband has no obligations or the sum due to PNC and if the lender seeks any compensation from the Husband, ife is obligated to fully indemnify Husband for any and all expenses incurred or therewith. (3) RESIDENCE FOR HUSBAND: Wife shall purchase a townhome for Husband with a value not to exceed eighty thousand dollars ($80,000.00). Up to sum of $80,000.00, Wife shall be solely responsible for the payment of all costs associated with this purchase, including, but not limited to the purchase price, any nd 3 all fees, settlement costs, closing costs and the like. Husband shall receive the townhouse free and clear of all liens and the townhome shall be his separate p .rty. Should the total cost of purchasing the townhouse (including all settlement and closing costs and fees) exceed $80,000.00, the exceeding amount shall be solely the responsibility of Husband. If the total amount of purchasing the townhouse (including all settlement and closing costs and fees) be lower than $80,000.00, Wife will pu for Husband the items of his choice for his new household, up to the $80,000.00. In order to secure the loan to purchase the townhouse, Wife may use as collateral the marital residence. However, Wife shall be solely responsible for any associated with the loan. Husband has no obligations toward the lender and if the lender seeks any compensation from Husband, Wife is obligated to fully indemnify Husband for any and all expenses incurred or associated therewith. (4) DEBT: A. ease MARITAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement (aside from the mortgage and home equity loan on the marital residence, which loans will be paid off at refinance). B: POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall e responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur an debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other arty harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other pa y. 4 (5) MOTOR VEHICLES: The parties shall waive any ownership interest have in the automobile titled to the other party and each party shall be solely responsible for the encumbrances on the vehicles they possess. (6) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall fro and after the date hereof be the sole and separate owner of all such property pres ntly in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in toe possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401 K plans, and 1 like. Wife is employed by Giant Foods, a subsidiary of the Ahold Company, and accrued retirement benefits with her employer. Wife shall keep as her separate property the retirement benefits she has accrued with her employer. has 5 (8) WAIVER of ALIMONY: The Parties acknowledge that each has in and assets satisfactory to meet his and her own reasonable needs. Each Party w ives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) DIVISION OF BANK ACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The parties hereto further acknowledge and agree any bank accounts established individually by the parties shall become the sole a separate property of that party simultaneous with the execution of this Agreement. (10) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no that property. (11) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those polic shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries i or encumbering their respective life insurance policies. to ender 6 (12) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (13) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to d so, any and all further instruments that may be reasonably required to give full force effect to the provisions of this Agreement. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be discharge5able in Bankruptcy and expressly agree to any and all obligations contained herein. (15) COMPLETE DISCLOSURE: Each of the Parties hereto acknowl that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted u the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Eac Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and a earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do here 7 acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, apprai or enumeration or statement thereof in this Agreement is hereby specifically waive( of sal and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was an fraud, duress, undue influence or that there was a failure to have available to him r her full, proper and independent representation by legal counsel. (16) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or courtesy, the right to act as administrator or executor of the estate of the other, the right to a distrib share of the other's estate, any right of exemption in the estate of the other, or an other property rights, benefits or privileges accruing to either party by virtue of thei 8 marriage relationship, or otherwise, whether the same are conferred by statutory common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those course[ fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which from the marriage, contract or otherwise. (17) SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in or otherwise, then only that term, condition, clause or provision shall be stricken this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (18) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of Commonwealth of Pennsylvania. law (19) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substa , but 9 they shall not be deemed merged into such Decree. The Agreement shall surviv any such Decree in Divorce, shall be independent thereof, and the Parties intend t at all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the itself at law or in equity, or in any enforcement action filed in a Divorce action. (20) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have toe right, at his or her election; to sue for damages for such breach or to seek such and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, ntact er representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING on PARTIES and HEIRS: It is understood agreed that not only the Parties hereto, but also their heirs, administrators, and assigns, shall be bound by all the terms, conditions and clauses of this Ag all t. 10 I li IN WITNESS WHEREOF, the parties hereto, intending to be legally b hereby, have hereunto set their hands and seals to this Agreement the day and first above written. WITNESS: Michael A. Scherer, Esquire Osvaldo Espinosa, Esquire Blanka Kezic Zdenko Kezic Dund year 11 ,_-? --' ?? f 1 •? - - ? "T9 1 -! 7 ??. i -?,3 ;t,_, _.-, _. .. _. M1?. ,l 1 {,sl n _? "' BLANKA KEZIC, Plaintiff V. ZDENKO KEZIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1219 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 9, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 acknowledge that the marital settlement agreement, signed by both parties on October 4, 2006, attached hereto, remains binding and is incorporated herein. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 7 lywLa - A 4 i ko Blanka Kezic 3 1 -0 c BLANKA KEZIC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ZDENKO KEZIC, Defendant 05-1219 CIVIL ACTION - LAW IN DIVORCE 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 unworn falsification to authorities. Dated: 9 /0 0-? 64 r"!.. Blanka Kezic cl? N q W BLANKA KEZIC, Plaintiff V. ZDENKO KEZIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1219 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 9, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I acknowledge that the marital settlement agreement, signed by both parties on October 4, 2006, attached hereto, remains binding and is incorporated herein. 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. Date: Zdenko Kezic ??? :.....t ; C? - `i? ?- m vw r _ '"'? --' ?l ? - ?.r ?-? -G BLANKA KEZIC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ZDENKO KEZIC, Defendant 05-1219 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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. 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. r Dated: S ^ Zdenko Kezic {?. ) i Blanka Kezic, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION Zdenko Kezic, Defendant NO. 05-1219 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) - 38G1{d)(+yef4he-Biveree -Eode.- - (Strike out inapplicable section). 2. Date and manner of service of the complaint: Served 0 3- 2 3- 2 0 0 5 b y c e r t i f i e d m -al 1 3. 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 o9-1 o- 2 o o 7 ; by defendant 0 9- o s- 2 o o 7 (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: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: n g -, 9- 2 n n 7 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 10-03-2007 Attn y for Plaintiff / Defendant ? ` ?? -?- y` ` ? ' ?' ? ?.s? ??C.,:`: ..- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rA STATE OF PENNA. Blanka kezic, Plaintiff NO. 05-1 91 A 2005 VERSUS Zdenko Kezic, Defendant DECREE IN DIVORCE AND NOW, 9),*? obi r T' Z,'T ZOO , IT IS ORDERED AND DECREED THAT Blanka Ke z i c , PLAINTIFF, AND Zdenko Kezic DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: ATTEST:r ., r ' V % J. PROTHONOTARY 2 -all