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HomeMy WebLinkAbout05-3305BRANDUN M BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 3305 ?iv?C??fiL : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dins de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVER GUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 BRANDUN M BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. C)S-- .3305 ?l vc l CIVIL ACTION -LAW IN DIVORCE AND CUSTODY COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)OR (D) OF THE DIVORCE CODE AND FOR AND NOW, comes the above-named Plaintiff, Brandun M. Bozich, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. COUNTI DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is BRANDUN M. BOZICH, hereinafter "Husband," an adult individual who currently resides at 619 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. All legal papers may be served on Plaintiff by service on him to Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. Defendant is KIMBERLY K. BOZICH, hereinafter "Wife," an adult individual who currently resides at 619 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on May 24, 1997 in Corning, New York. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 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 requests the Court to enter a Decree of Divorce. COUNT II COMPLAINT FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11. Paragraphs I through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 13. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Respectfully submitted, V w "` k'6t- Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Z3 6 ; Attorney for Plaintiff Dated: VERIFICATION I, BRANDUN M. BOZICH, verify that the facts set forth in the foregoing Complaint for Divorce, Custody and Equitable Distribution are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: Z--/O BRANDUN M. BOZICH J ?- T r1l \I c' _ 13 I1I/^^\v\1` BRANDUN M BOZICH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3305 CIVIL TERM KIMBERLY K. BOZICH, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 6th day of July. 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and stays that: 1. A Complaint for Divorce was filed to the above term and number on June 28, 2005. 2. On June 30, 2005, a certified copy of the Complaint in Divorce was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On June 30, 2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `A' and is incorporated herein by reference. 4. On or about July 5, 2005, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on July 1, 2005. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, i Mark A. Mateya, Esquird) Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff PROVIDE FOR INSURANCE - POSTMASTER Received From: Z 7YlA? K A- f A ? a??_ )-Bo/)-1,)& 5PkiA,_5 ,4 /7oa?l lilt 0 zz CAoN?? rn n cDi rn m a One/prece d ordinary mail addr.sseci to. c ?I I?YI$Eae? ? ?; ? C) 1t O In 1l zAaD k 5P 291 o0 C_APUISLE PA 19013 N PS Form 3817, Mar. 1989 EXHIBIT A N ? •. e rij CAQQS In Rl Postage 0 CertMedFee $2.30 RBWm Fee r? O (Endowment Requ ram f1.75 1 , ?. O Restricted Delivery Fee f3.50 co (Endorsement Required) ern G Total Postage 6 Fees $ $3.15 06130/2445 rri C3 TO ??77 /j LI ° . 4m?-- LE#i -------:. .? Az l..L 1------------ t - ----------------- oPo ,?.lnt ALFxA1&.E I,?G-._J D ---------- ------ lIVSiate.znraa&P-L15LE psQP,e 17af3 i (,, r r EXHIBIT a R1 mm ? Z R1T 7 `? f 7_ C .-_ ?_J ? ? ? L?i ll} L? L ?? r '-' , ? .?' G: ?' ?.?_: ``3:.. C BRANDON M. BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 28, 2005. Service of the complaint was made by certified mail. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 3 , 2005/ KIMBERLY . BOZICH I BRANDON M. BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that 1 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. Section 4904 relating to unsworn falsification to authorities. October-?, 2005 lle ` Ala ? KIMBERLY K. BOZICH t --i ? CJ r z-3 BRANDON M. BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 28, 2005. Service of the complaint was made by certified mail. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. October 0 z, 2005 %? ? /? BRANDUN M. BOZICH ?? X111, l' G` BRANDON M. BOZICH, Plaintiff V. KIMBERLY K. SOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 CIVIL TERM 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. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. October (N-1-, 2005 lC1;?-17? BRANDUN M. BOZICH a c? -t? `r ?', .a `?`^ ;. ?.-. e :"i? (,,7 "? ?. G'' C) 5"' 33o S' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 31" day of August, 2005, by and between BRANDUN M. BOZICH, hereinafter referred to as "HUSBAND") and KIMBERLY K. BOZICH (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 24, 1997; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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 relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual 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: it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her solle use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement its the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate: state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and on-half of the following debts that are in WIFE's name alone: Members Fiirst FCU (approx. $4,800 balance), school loan (approx. $7,000 balance) and credit cards (combined balance of approx. $18,000). HUSBAND shall undertake to obtain a loan for one-half of the total balance of these debts and such amount shall be paid directly on the debts. 'Upon such payment WIFE shall release HUSBAND from further responsibility and shall indemnify and hold HUSBAND harmless therefrom. Until HUSBAND obtains such a loan, or if HUSBAND is unable to obtain the loan, each party shall apply $50.00 per week to the payment of these debts until all of them are paid in full. WIFE agrees not to use these accounts in the future to obtain additional credit. B. The WIFE shall assume all liability for and pay and indemnify the 'HUSBAND against any of her individual debts except with regard to HUSBAND's share of the loans in WIFE's name alone as provided above. C. The parties agree that they have no other joint debts except the mortgage which the parties shall continue to share jointly until the sale of the marital home. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and descriiption and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: The parties shall list the marital home for sale with a realtor and upon the sale thereof shall apply any net proceeds to the payment of the debts listed in paragraph 8.A. Any remaining proceeds shall be divided equally. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The HUSBAND hereby releases to WIFE the 2003 Honda CRV and WIFE hereby releases to HUSBAND the 1997 Honda Civic. 2.) Bank Accounts: A. HUSBAND shall retain the proceeds of his Members 1St savings account free of any claim by WIFE. B. WIFE shall retain all finds in her individual accounts and the parties' Members 1st joint account free of any claim by HUSBAND. 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, 401(k), savings and/or retirement plans' proceeds free of any claim by the other party. 4.) Other personal property - The parties agree that they will divide all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as then divided. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance; of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Harold S. Irwin, III, Esquire and HUSBAND's legal counsel is Mark Metaya, Esquire. 16. 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. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and 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 all such interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ee,?/ (SEAL) BRANDUN M. BOZICH (SEAL) KIMBERLY K. BOZICH COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 31St day of August, 2005, BRANDUN M. BOZICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set m hand and official seal. NOTARIAL SEAL HAROLD S. IRWIN, III, NOTARY PU6NG Notary Public CARLISLE BOROUGH, COUNTY Of CUMRERLANO MY COMMISSION D(PIRES OCTOBER 22 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 31St day of August, 2005, KIMBERLY K. BOZICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL HAROLD S. IRWIN, III, NOTARY PU"'tC CARLISLE BOROUGH COU OFCUMBERiANO Notary Public M'N?y Y COMMISS;pN EXPIRES OCT09F(729 2006 n ?, ?:? -;, ; ? .., i ? ` , ?Y ?, (l rt ?, _Y ? ._ ` ' ._ _ ?? HAROLD E. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR DEFENDANT BRANDON M. BOZICH, Plaintiff V. KIMBERLY K. SOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 CIVIL TERM : 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about .July 1, 2005, defendant was served with a copy of the divorce complaint by certified mail. 1 Complete either paragraph (a) or (b) (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: October L, 2005 By the defendant: October _,,7 , 2005 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: NIA. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: NIA. 4. Related claims pending: None 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: On or about October 'L , 2005 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: On or about Oct*er 1 2005 October 7 2005 HAROLD S. IRWIN, III Attorney for Defendant. r? n? co ;_? cn ?? r.: ? ? f ;,, °," G ,--- ca c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRANDUN M BOZICH Plaintiff NO. 2005 - 3305 CIVIL TERM VERSUS Defendant DECREE IN DIVORCE AND NOW, OOtober <_.C7 ,29Q. ___,, IT IS ORDERED AND DECREED THAT BRANDUN M. BOZICH PLAINTIFF, AND KTMRF.RT.y K An9T[`j4 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; NONE All equitable distribution claims have been settledby the attached aureementy the terms of which are incorporated into this decree 7<,7. BY TH E,AC'OU RT: ATTEST: J. ONOTARY l?? ... ?. BRANDUN M. BOZICH, Plaintiff V. KIMBERLY K. BOZICH, Defendant : IN THE COURT OF COMMON PLEAS OF : ADAMS COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3305 : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR SURNAME Notice is hereby given that the DEFENDANT in the above matter: prior to the entry of a Final Decree in Divorce, or x after the entry of a Final Decree in Divorce, dated October 26, 2005, hereby elects to resume the prior surname of KIMBERLY K. CANTER, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. Section 704. C -(SEAL) Signature - KIMBERLY K. BOZICH /? A4W (SEAL) Signature f Name Being Resumed KIMBERLY K. CANTER COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On the day of April 2008, before me, a notary public, personally appeared the above affiant, known 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 have hereunto set me hand and oOicial seal. Notary Public UMMUNWEALTH MUNNSYIAN1 NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County MY commission expires February 06, 2011 C) ^.? <<? ??-? f? ('` O ' a "'C7 ?? .r ?? r ?J ?? ??r N 1? i?Y: \ ?: ..? " ?.? ?. ._. r.? - ? _ _ '? j`J t .. ... ...?? t