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HomeMy WebLinkAbout01-5054IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. SUCH A REQUEST MUST BE IN WRITING AND SENT TO THE CUMBERLAND COUNTY PROTHONOTARY'S OFFICE IN THE COURTHOUSE WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-.3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendant VS. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signiantes. Debe romar accion cc~ pronfitud. Se le avisa que Si nose defiende, el caso punde proceder sin usted y decreto de divorcio o anniamiemo puede set emitido en su contra pot la Corte. Una decision puede tambien sar ernltida en su contra pot cuaiquier oira queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del malrimonio, usted punde solicitar consejo m~l~imoniaL Se necesila puner una solicitacion Imm consejo por ascrito y mandarla a la oficiun de la Prothonotary en el Cumberland County Courthouse dentro de veinte (20) dins de recibir esta demanda del divorcio. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL Et,LOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER AS1STENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendant VS. NO. or-- CIVIL ACTION - LAW IN DIVORCE 6. 7. 8. 10. COMPLAINT IN DIVORCE COUNT I The Plaintiff is Carl Baraishyn, Jr., who currently resides at 136 Regency North, Carlisle, Cumberland County, Pennsylvania, 17013, since 1997. The Defendant is Karen Sue Bamnishyn, who currently resides at 55 Regency North, Carlisle, Cumberland Coumy, Pennsylvania, 17013 since August 2001. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. The Plaintiffand Defendant were married on November 7, 1998 in Camp Hill, Cumberland County, Penn.~'ylvania. There is one minor child of the parties: Dustin Guyer, D.O.B. July 18, 1995. There have been no prior actions of divorce or annulment between the parties. Neither party is presemly a member of the Armed Forces on active duty. The parties have net entered into a written agreement as to alimony, counsel fees, ensts, and property division. Plaintiffhss been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiffdoes not request that the Court require the parties to paxticipate in counseling prior to a Divorce Decree being issued by the Court. The cause of action and sections of Divorce Code under which Plaintiff is proceeding is: (A) § 3301(c). The marriage of the parties is irretrievably broken. 11. Plaint!ff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. COUNT II - PRIMARY PHYSICAl, CUSTODY Paragraphs 1 through 11 above are incorporated herein as if fully set forth below. The Plaintiff is Carl Baranishyn, Jr., residing at 136 Regency North, Carlisle, Cumberland County, Pennsylvania, 17013 since 1997. The Defendant is Karen Sue Baranishyn, residing at 55 Regency North, Carlisle, Cumberland County, Pennsylvania, 17013 since August of 2001. Plaintiff seeks primary physical custody of the following child: Dustin Baranishyn; D.O.B. July 11~, 1995. The child was born out of wedlock and was adopted by the parties on November 22, 2000. The child is presently in the custody of Defendant, Karen Sue Baranishyn who resides at 55 Regency North, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five (5) years the child has resided at the following locations: (A) 136 Regency North, Carlisle, Cumberland County, Pennsylvania, with Plaintiff and Defendant and Cody Guyer, PlaintifFs step-son from November of 2000 to August of 2001. (B) 55 Regency North, Carlisle, Cumberland County, Pennsylvania, with Defendant and Cody Guyer, Defendant's male friend, his son and his son's girlfriend, from August · of 2001 to present. The relationship of Plaintiff to the child is Father. The relationship of Defendant to the child is Mother. Plaintiff has not participated as a part or witness or in any other capacity in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. The best interest and permanent welfare of the chid will be served by granting the relief requested because: (A) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and genuine desire to do so. (B) · Defendant is receiving treatment for depression and Plainfiffis capable of providing the emotional stability for the child which is needed at this time, which Defendant cannot. (c) Plaintiff objects to their minor child living with Defendant's male friend and with others who are not relatives. (D) And other reasons which may fully appear at the conference. 25. Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Honorable Court to grant primary physical custody to the Plaintiff of the minor child. Date: Respectfully submitted, Christine J. Ta~, Es~ - WILEY, LENOX, COLO~,'~ MARZZACCO, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 VERIFICATION I, '~t~ L'~,~.,.'~t:., verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworu falsification to authorities. Date: CARL BARANISHYN, JR. PLAINTfFF V. KAREN SUE BARANISHYN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5054 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Monday, September 10, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesbur§, PA 17055 on Tuesday, October 02, 2001 at 12:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 CARL BARAN1SHYN, JR., Plaintiff THE WILEY GROUP ATTORNEYS AT LAW One South Baltimore Street Dillsburg, PA 17019 vs. * NO. 01-5054 · CIVIL ACTION - LAW · IN CUSTODY KAREN SUE BARANISHYN, Defendant WE DO HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE O~LED OF RECORD TH E~'~..~Y GROUP BY IN THE COURT O~' CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I, Christine J. Taylor, Esquire hereby certify that on September 15, 2001, served Defendant with a true and correct copy of Plaintitl's Complaint for Divorce and Custody in the above-referenced matter by sending same to Defendant by certified mail, restricted delivery to addressee only, return receipt requested and by regular first class mail, postage prepaid, addressed as follows, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. A copy oftbe return receipt signed by Defendant on September 15, 2001 is attached. Karen Sue Baranishyn 55 Regeny North Carlisle, PA 17013 Date: ~/ff/ By: WILEY, LENOX, COLGAN & MARZ7~CCO Christine J. TayloraSE~luire/~ Supreme Court I.D. #82~( 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) · 2, and 3. Also complete item 4 if RestriCted Delivery ~s desired. · Print your name and~eddmss on the reverse so that we can retur~ the card to you. · Attach this card to the back of the maiipisoe, or on the front if space permits. 1. k~icle Addressed to: . : 2. Article Number (Copy f~om service label) PS Form 3811, July 1999 Domestic Ratum Receipt , A. Received by (P~ase P~fnt Cleady) Date of Delivery / r'l Agent liffemnt from item 17 If YES. enter delivery address b~ow: [] No 3. S ce Type '~[~C~ed Mall r'l Express Mail f~]~l~eglste~ed [] Return Receipt for Me~mhandlse I r=1 In~umd M.il [] C.O.D. '~ 4. Restricted Delivery? {Extra F~e) ,l~l~es 102595-0~-M-0952 101 LAW OFFICES OF RICHARD C. GAFFNEY 975~9~34 IN TilE COURT OF COMMON PLEAS CUMBEIII,AND COUNTY, PENNSYLVANIA CARI, BARANISHYN, ,IR Plaintiff KAREN SUE BARANISHYN l)cfcndant NO. 01-5054 CIVIL TERM IN DIVORCE ENTRY OF APPEARANCE To thc Prothonotary of Said Court: Please enter my appearance as counsel in thc abovc-captioncd matter for fl~e dcfcndant. Karcn Suc Baranishyn. Courtney L. Ki{~hel, Esquire Pa. ID# 81509. The Law Offices of Richard C. G~tffney 2120 Market Street, Suitc 101 Camp Hill, PA 17011 (717) 975-9033 LAW OFFICES OF RICHARD C. GAFFNEY 75-9033 75-9034 IN THE COl JilT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARl. BARANISHYN, ,IR Plaintifl' Vo KAREN SUE BARANISHYN Defendant NO. 01-5054 CIVIL TERM IN DIVORCE ENTITY OF APPEARANCE lo thc i rothonotary of Said Corot Please enter my appearance as counsel in thc above-captioned matter for fire dcl)ndant. Karen Suc Baranishyn. Courtney L. Ki(shel. Esquire Pa. ID# 81509. The Law Officcs of Richard C. Gaffney 2120 Market Street. Suite 101 Camp Hill, PA 17011 (717) 975-9033 CARL BARANISHYN, JR., Plaintiff VS. KAREN SUE BARANISHYN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-5054 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this {~t~ day of ~)~*"~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Carl Baranishyn, Jr., and the Mother, Karen Sue Baranishyn, shall have shared legal custody of Dustin Guyer Baranishyn, born July 18, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall share having physical custody of the Child on an altemating weekly basis beginning with the Mother having custody of the Child on Sunday, October 28, 2001 at 7:00 p.m. The parties shall exchange custody thereafter every Sunday at 5:00 p.m. During the Father's weeks of custody, the Father shall return the Child to the Mother's residence on his way to work before school. Prior to October 28, 2001, the Child shall continue to primarily reside in the Mother's residence, with the Father having custody fi.om after school on Friday, October 19 through Sunday, October 21 at 7:00 p.m., and from after school on Friday, October 26 through Sunday October 28 at 7:00 p.m. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. Neither parent shall do or say anything which may estrange the Child fi'om the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE cc: Christine J. Taylor, Esquire - Counsel for Father Diane M. Rupich, Esquire - Counsel for Mother CARL BARANISHYN, JR., Plaintiff VS. KAREN SUE BARANISHYN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-5054 CiVIL ACTION LAW : 1N CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dustin Guyer Baranishyn July 18, 1995 Mother 2. A Conciliation Conference was held on October 18, 2001, with the following individuals in attendance: The Father, Carl Baranishyn, Jr., with his counsel, Christine J. Taylor, Esquire and the Mother, Karen C. Baranishyn, with her counsel, Diane M. Rupich, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR Plaintiff KAREN SUE BAP, ANISHYN Defendant ) ) ) ) ) ) ) NO. 01-5054 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A comptaim in divorce under Section 3301(c) of the Divorce Code was filed on August 29, 2001. 2. The marriage between plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, * NO. 01-5054 * * vs. * CIVIL ACTION - LAW * IN DIVORCE * Defendant * AFFIDAVIT OF CONSENT 1. A ¢omlJlalnt in Divorce under §3301 (c) of the Divorce Code was filed on Au , .2~). 1. 2. The rage of Plaintiff and Defendant is irretrievably broken and ninety (90) day~hav~~> elapsed from the date of fillng and service of the Complaint. 3. I consem to the entry ora final decree of divorce at, er service ofnotice of intention to request entry of the decree. I verify that the statements made in thi.~ affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date Cari'Baranishyn, J~. t Plainfi~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendnnt NO. 01-5054 CIVIL ACTION - LAW IN DIVORCE AWT or coNs I 1. A comt~laint in Divorce under §3301(c) of the Divorce Code was filed on Au~,29,:~_001~ ~ 2. The marriage of Plainfiffand Defendant is irretrievably broken and ninety (90) d~ ha~ elapsed from the date of filing and service of thc Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date CarFBaranishyn, J~. ! ~ ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendant NO. 01-5054 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION $301¢e~ OF THF~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false st_at_ements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to un.~worn falsification to authorities. D~ Car! Bara~s~y~,~[. Plaintiff MARITAL SETTLEMENT AGREEMENT .~/~HIS MARITAL SETTLEMENT AGREEMENT, made this //""' day of ~'/_/~ ,2002, by and between KAREN SUE BARAN!SHYN, of Carlisle, Cumberland ,. Count~, Pennsylvania (hereinafter referred to as WIFE ) and CARL BARANISHYN, .IR., of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WlTNESSETH: WHEREAS, the parties were married on November 7, 1998 at Camp Hill, Cumberland County, Pennsylvania; WHEREAS, the following child was adopted by Husband during the marriage: Dustin Tyler Baranishyn, bom July 18, 1995; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and filture support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mumai promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the fight of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complalrit in Divorce in Cumberland County, Pennsylvania on August 29, 2001 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express heir intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all &its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to pemiit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Christine J. Taylor, Esquire, counsel for HUSBAND and Comh~ey L. Kisbel, Esquire, counsel for WIFE. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and ail such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS- HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shail hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shail indemnify and hold haxi~less the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise speeificaily provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personai effects, household furniture and furnishings, and ail other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. The parties recognize that they will divide between them the Christmas decorations currently in the possession of HUSBAND. The parties agree to divide said decorations pursuant to their mutuai determination of what is equitable. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifieaily waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personai property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties jointly own a mobile home situate at 136 Regency Woods North, Carlisle, Pennsylvania. The parties agree that HUSBAND shall become the sole owner of said mobile home. WIFE will cooperate in executing the necessary documents to transfer ownership to HUSBAND only. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. PENSIONS~ ANNUITIE,q AND/OR RETIREMENT BENEFITS. Neither HUSBAND nor WIFE have any form of retirement benefits. 15. MOTOR VEHICLES: With respect to the 1992 S-10 pickup truck, the parties agree that this vehicle shall become the sole and exclusive property of the HUSBAND. This vehicle is titled in HUSBAND's name alone. With respect to the 2001 Kia Sephia, the parties acknowledge that HUSBAND is currently in possession of this vehicle which is titled in his name alone with the intention of selling said vehicle. HUSBAND agrees to make diligent efforts in selling the vehicle promptly for no less than the fair market value of that vehicle unless both parties agree otherwise. Pending the sale of the vehicle, Husband agrees to assume responsibility for all debt and liabilities of the vehicle, including insurance payments, maintenance and upkeep. The parties agree that the proceeds of such sale will be used to satisfy the remaining debt on said vehicle. Any proceeds that remain after satisfying the car loan, will be used to satisfy any remaining marital debt, which HUSBAND agrees to pay pursuant to Paragraph 23 herein below. In the event that the car loan is not fully satisfied by the sale of the car, both parties hereby acknowledge and agree that the remaining debt owed on the vehicle will be construed as marital debt to which HUSBAND will assume, pursuant to Paragraph 23. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. CUSTODY: The parties recognize that HUSBAND initiated a custody action in Cumberland County at docket number 01-5054. As a result, custody shall be pursuant to the resulting Order entered on October 24, 2001. The parties acknowledge and agree that this order is subject to modification upon a change in circumstances. 18. HEALTH INSURANCE: HUSBAND shall hereafter maintain and be financially responsible for the health insurance for the child. The parties shall share the uncovered medical expenses pursuant to the Support Order entered in Cumberland County, whose docket number is 00680 S 2001. 19. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns, but acknowledge that in 2001, the parties filed separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 22. CHILD SUPPORT: HUSBAND and WIFE acknowledge that child support shall be pursuant to the support action commenced by WIFE in Cumberland County at docket number 00680 S 2001. 23. MARITAL DEBT: HUSBAND and WIFE acknowledge that marital debt exists with an approximate balance of $19,000.00 concerning credit card debt at the date of separation on August 3, 2001. HUSBAND and WIFE agree that proceeds from the sale of the Kia Sephia, should there be any, shall be used to satisfy the marital debt. HUSBAND and WIFE agree that HUSBAND shall assume the balance of the marital debt. WIFE will cooperate in signing the necessary documents so that any joint accounts or credit cards may be transferred in HUSBAND's name alone. Husband shall indemnify, defend, and hold harmless Wife from and against any claims, demands suits, actions or liabilities relating to or arising out of any of the marital debt. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, 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. 25. BREACH: IfeitherParty breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their fights under this Agreement. 26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestaey, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON }I~IRS. This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that tem~, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confici~x that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS '~¥NESS ~' ~/ (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this, [~°Xday of April, 2002 before me a Notary Public, personally appeared Karen Sue Baranishyn, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Notary Public :SS. On this, the ~ day of~3_, 2002 before me, a Notary Public, personally appeared Carl Baranishyn, Jr., known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR., Plaintiff KAREN SUE BARANISHYN, Defendant VS. NO. 01-5054 CIVIL ACTION - LAW IN DIVORCE 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Certified Mail. Restricted Delivery on September 14, 2001. A Proof of Service was f'llcd with the court on September 20, 2001 indicating a date of delivery_ to Defendant on September 15, 2001. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff.' ~; By Defendant: I~J~2gLL~7~0~ (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claim~ were resolved by a Marital Settlement Agreement dated May 1~ 2002. Said Marital Settlem~_nt Agreement was filed with the court in May 9, 2002 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 Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiletl with the Prothonotary: 1~ Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed April 16. 2002. Date: By: C~n~stine J. Taylor, ~-t~ir~/~ Attorney for Plaintiff IN The COURt OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~ PENNA. Versus .......... K~_..~.__~ni~.hyn .......................... No. o~-5o54 19 DECREE IN D I V 0 R C E~T lf.'~, AND NOW, ~"'1,~,~ ,~' ~j~l~O;) it is ordered and decreed that ....c.a..=.~..pa..=.a.n.~.s..h¥.n.,...~.~.. .................... '.., plaintiff, and ........F.a.~.e..n..S.u.e.. p.a.];.a..n.~.s, hy .n .......................... 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; · .M.a.r..i .t.a.!. $.e.t.t.l.~.m.e.n.~. ~s.~eem.e. nt. will· b.a .mer.~ed,. hut. n~t. ir%corpo~,ated, · kn.t;.9..t.h%~. ¢..e.c~.re.e... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL BARANISHYN, JR Plaintiff KAREN SUE BARANISHYN Defendant NO. 01-5054 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the defendant in the above-captioned matter, having been granted a final decree in divorce on the,~ day of ~.~_, 2002, hereby intends to resume and hereafter use the previous name of Karen Sue McDaid and gives this written notice avowing her intention in accordance with the provision of the Act of December 16, 1992, P.L. 1309, 54 Pa. C.S.A. § 704. na"-tur~-o f petitioner (marri~d-na~')' ' Karen Sue Baranishyn Signature - Intended (prior surname) Karen Sue McDaid COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : On the~_ day of~, 2002, before me, a notary public, personally appeared Karen Sue Baranishyn, know to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Am~ L. Stmsnn, Not~y Public Otmp Hill Boto, Cumberland County My (~dssion F_.xpires AI~. 18, 2006 Swom Io and subscribed before me this ~ day of~/]~.~_, 2002. Notary l~blic ~ My Commission Expires: L~_~,~..~¢