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HomeMy WebLinkAbout06-4692 Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 mcd@jdsw.com Attorneys for Plaintiff BAKI BANUSHI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.0(.-1./1.9~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE FARIJE BANUSHI, Defendant 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 MAYBE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff BAKI BANUSHI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW FARIJE BANUSHI, IN DIVORCE Defendant AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demand as presentadas aqul en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: Mark c. Duffie J.D. No. 75906 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI.- '11.9~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE BAKI BANUSHI, v. FARIJE BANUSHI, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c\ OR 3301 (d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, BAKI BANUSHI, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, FARIJE BANUSHI: 1. The Plaintiff is Baki Banushi an adult individual, residing at 1934 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff's Social Security Number is 191- 78-7383. 2. The Defendant is Farije Banushi, an adult individual, residing at 1934 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant's Social Security Number is 191-78-6539. 3. The Plaintiff and Defendant were married on August 10, 1988, in Biljaca, in the former Yugoslavia, now Serbia. A true and correct copy of said Marital Certificate is attached hereto and incorporated herein as Exhibit "A". 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties have not yet separated. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. :;ON~~WEIDNER Mark C. Duffie :281126 VERIFICATION I, BAKI BANUSHI, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~904, relating to unsworn falsification to authorities. Date: ,!/J4'/dG ~~i ~d::2 BAKIBANUSHi' f)d\\ h'lt A- onWTIiIHA OCiP838llCip.6 Ii . .ell . EfcM JA .11I'" 1-''' FI A r 0 I? 10 ~,!&"n '.., ~ AiC F' ~,. MJ A ;; Tau. j. _OJI."." Y ."lIOC:y .. .lI" . apo.."""w", r ...na. ..au.6poj... l\" . Buj anovac M8CTO 38.KJl:oY'l8tW, 6p&l(8 Bilj aile. .AaH. M~~' rtW1HaIHiKAOy>48tbB 6~~;ifi-o~"Q8 .19 eEr:~:tod'."" A...""'''K. HMe H..'.OT. npUMMB :sua 'BAWSI JeAMHCTB8HM MaTM'lHl'I'15poJ rpal')aHB I r\G!~~Pfl7il-q~~<lqll pIlU;p<;t6W~4VQ~ I I I I G:7..!l9 a9!7ll gad;' ~~ijV1i.c;Bu j ano2n.;:i, ,D,aH, M8C8~M r~Ha"', Pot5eHoa 8CT()-MOnWTMHa pol)etwl," BKO' JeJU'Ll.epo1'JeHI) YMHDO:rpaHCTBy M aa ~,~ flpe6MBanMtlJTe 'M'a,a,p8ca CTaHB '~~a ":""1t:~~' ..~.~iieTO ti!, ,I'.' , \lroG ilajil'l,Ce' D.p:ulllb8HCTBO HM8 M npeaMM8 po.QHT8n.e 6pa'lHHX ""yrceo .v.e Sukri JiimSi M oj '~e~bri;!.eJ!anulii ffi,a,bp.'Imeri Fat~ Ajdini J!l\NUS I pe3MMe!CO cy pa'lH" 'APYroIIM Y381M npM 38.ICIb}"leHoy .. HakH8.AHM ynMCM M-3a6eneWk8: llAWSI x. x x x x x .05-202-74/04 . . 5PJQJ ...-..,..".........._.:-:..~._~~"........;.....'T......;...-,- Y-{T~;2-d~;goa~-'-- AsH8 ..____.._.._H..__...--'-.--'.__ WT8M":Mwn'~......~,..,lI. rPll.......,....1tOC'T.6:..llIKlIIMrI..6e0l'l)M, ~ M3AlIIe:Hwn'~_HMCTplIl.lHJa'..A. H3,lIM.~"" cenop . 6Il01"PllA (75 Q:p,a~a3llnoPVV6""Y'~.6p,rF.do5 , ~ ~ -c.Q.. - ..0 a ,..., ~ ~ ~ g$ () "'" 1::."\:1:"1 ~ ~f!! iT'H; , - - 8 :;-_~ .:L~ '"' ~f' ~ ~ ..Q ;::-:.. ( . - " C( ~ ~1':-': CJl r;. \':"1 ....~c.i<' ~ ~ -r"<' ~~t- , -0 ;;"') .....n -- "61:") ::r:. '''~ \?I r"C i9 S? J ~ U'I ~ - Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 mcd@jdsw.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ot...- JiI.9'J.....CIVIL TERM BAKI BANUSHI, v. FARIJE BANUSHI, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT BAKI BANUSHI, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: &//'1/~t ~l' ~,~~ B KI BANUSHI 2 s: ""OrP rrH1; -;/' .:r ~'2: ~c ~Q ,_.c.; J:>'C ~ ~ ~ ~ G> ~ ~e _ :B~ (J'\ 99 -:r:;" ,:):;[1 ~fA 9 (J'\ ~ .., :::J; ~ - Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff BAKIBANUSHI, Plaintiff v. FARIJE BANUSHI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4692 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, FARIJE BANUSHI, hereby accept service of the Divorce Complaint. I certify that I received a true and correct copy of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Date:t>~- rT~O 6 :281126 .~-~~ FARIE~ - '"" -;:.1: tP. ~ ~~ 0") ~t~ 0- ~fA :::.\ - ~ 2 ~" "'O-t,.. n'"\r~' '-'I' .,., ::2..~-p :r.n...... :::<<<. c:.C' "" ~. ....~?l~>:' ~S'~ l-", 7C -, ~ -'~ '2\ """ d' ~ '" N N N I Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4692 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE SAKI SANUSHI, Plaintiff v. FARIJE BANUSHI, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~.t\- day of August, 2006 by and between BAKI BANUSHI, of Camp Hill, Pennsylvania (hereinafter "HUSBAND") and FARIJE BANUSHI, of Camp Hill, Pennsylvania (hereinafter "WIFE") ; WITNESSETH: WHEREAS, the parties hereto were married on August 10, 1988, in Biljaca, in the former Yugoslavia, now Serbia; and WHEREAS, a divorce action was filed by HUSBAND on or about August 15, 2006, in the Cumberland County Court of Common Pleas, and docketed at 06-4692 Civil Term; and WHEREAS, there are five (5) children of the marriage: REJHANE BANUSHI-MEHMETI (born December 21, 1986), ERXHAN BANUSHI (born November 9, 1988), SEJHANE BANUSHI (born December 22, 1989), FITNETE BANUSHI (born June 20, 1991) and LEMANE BANUSHI (born August 20, 1992); and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and - 1 - NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Mark C. Duffie, Esquire of Johnson, Duffie, Stewart & Weidner. WIFE is currently unrepresented by counsel. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, 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 assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to 9 3301 (c) of the Divorce Code. Concurrently herewith, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree, as well as, any other documentation necessary to finalize the divorce immediately. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to - 2- them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but'shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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 last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or - 3- statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a Court hold hearing and make decisions on matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, the terms adequately provide for his or her interest, and that this Agreement is not the result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party 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 action of contention, direct or indirect, and alleged therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. DEBTS. HUSBAND represents and warrants to WIFE that since the final date of separation he has not and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since July 1, 2006. - 4 - WIFE represents and warrants to HUSBAND that since the final date of separation she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since July 1, 2006. The parties have no other joint debt other than the mortgage on the marital residence as set forth herein in Paragraph 10. Any debts in either party's name shall be the responsibility of that party regardless of the marital or non-marital nature. 8. RETIREMENT FUNDS. The parties hereto expressly waive any right, title, claim or interest to any retirement fund of the other. This is to include, but not be limited to any 401 (k) Profit Sharing Plan, IRA, or other pension fund. 9. LIQUID MARITAL ASSETS. The parties agree that they have no joint bank or credit union accounts and that existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank or credit union account(s) of the other. 10. REAL ESTATE. WIFE and HUSBAND jointly own a residence located at 1934 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter the "Residence"), which is marital property. HUSBAND, by executing this Settlement Agreement and simultaneously a Deed, expressly waives any right, title or interest he may have acquired in the residence by virtue of this marriage. WIFE shall indemnify and hold harmless HUSBAND from any past due, present or future obligations attendant to the ownership and occupancy of the residence. WIFE agrees to refinance the residence in her name alone no later than one (1) year from the date of execution. WIFE agrees to - 5 - keep the mortgage current and provide HUSBAND confirmation of same. HUSBAND agrees to pay to WIFE $2,000.00 representing WIFE'S approximate closing costs associates with refinancing the residence no later than two (2) years from the date of execution. 11. PERSONAL PROPERTY. HUSBAND and WIFE agree that WIFE has retained the vast majority of the household goods and that HUSBAND is satisfied that he has received the household goods which he desires. Each party agrees that the present distribution of personal property and household goods is, under the circumstances, fair and equitable. HUSBAND and WIFE agree that neither will seek further distribution of the household goods or personal property at either the marital residence or at HUSBAND'S residence. 12. AUTOMOBILES. The parties have, to their satisfaction, equitably divided all automobiles owned by the parties hereto. 13. ALIMONY/SPOUSAL SUPPORT. Both parties are presently employed full time and are capable of maintaining such employment. Each party has disclosed their present income and each has had the opportunity to ask any questions that they may desire of the other spouse regarding income. Both parties hereby waive any claims to alimony, spousal support, separate maintenance and alimony pendent lite. 14. 2005 TAXES AND PAST TAXES. The parties hereto warrant and represent that they have filed all income tax and other tax returns through and including the 2005 tax year. The parties agree that they shall file separate, individual income tax returns for tax year 2006. Each party shall be responsible for any income taxes remaining due and payable and shall be entitled to, free of any claim from the other party, any return received. - 6 - 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that there is a dispute regarding the Agreement and either party breaches any provisions of this agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses of the other party in the absence of a written demand to cure the breach provided to the counsel of record or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via certified mail to the alleged breaching party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to HUSBAND to the contrary, the presumptive correct address for notice to the WIFE shall be: Farije Banushi 1934 Chatham Drive Camp Hill, PA 17011 For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct address for notice to the HUSBAND shall be: Baki Banushi c/o Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. - 7 - It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non breaching party in protecting and enforcing his or her rights under this Agreement. 17. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; and (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 18. 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 term, 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. 19. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - 8 - 20. 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. 21. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 22. MODIFICATION. No modification of this Agreement shall be valid or enforceable unless it is written and executed with the same formality as the original Agreement itself. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. :282109 - 9- . ' COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On the ~ day of flu.~-f , 2006 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared BAKI K BANUSHI, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMONWEALTH OF PENNSYlVANIA NOTARIAL SEAL Cassandra T. Rosenbaum, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Dec. 4, 2008 Member, Pennsylvania Association of Notaries ~<-T~ Notary Public ( COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On the :J q'7A day of ~ 9L4..r , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared FARIJE BANUSHI, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be er free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMONWEAlTH OF PENNSYlVANIA NOTARIAL SEAL Cassandra T. Rosenbaum, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Dec. 4, 2008 Member, Pennsylvania Association of Notaries ~~-r-/LuL~ Notary Public / :282109 - 10- _.~ " r-...:l c.;.,:, ~ :.:.~ \. -- ~'" c.1'., -0 r,) ...,) .--l -,;;;.. ~:4J -< v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4692 CIVIL TERM CIVIL ACTION - LAW BAKI BANUSHI, Plaintiff FARIJE BANUSHI, IN DIVORCE Defendant AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about August 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above 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: 11.!t., /1.. If}.. , , 25~~~ :281158 . . ,....., c::> = 0-' ~ ;:5 ~ o -n -l I'Tl in _J r- :'-8t!~ '~? (i.~ ...-~ l'~. . ~'i :!.>} .,~.C> ,.-jlil :=.\ T> :1J -< CY'! :2 -'~.. !'.., .. ~ .~ w . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4692 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE BAKI BANUSHI, Plaintiff FARIJE BANUSHI, Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about August 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above 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:--!.Ll \ (P I C fa :281158 t'--:l c:-> = ~ 2 a ""',;:::: ~ :r-,-, f'Jlp -rjtn :E) C':_l ~![1., ,_::~" =+'.; , ,__J' ;.~..... ,li' '.. ~ '0"11 :.Y :--i 4i -<: 0-, 1'.) w Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4692 CIVIL TERM BAKI BANUSHI, v. CIVIL ACTION - LAW FARIJE BANUSHI, IN DIVORCE Defendant AFFIDAVIT FA'RIJE BANUSHI, being duly sworn according to la~, geposes al1d says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ J:< '1 ) c Ce. ~.~. " ',;! ~:r~ rD~~ FARIJEB NUSHI l/ o r,.:; r."? -h"' c...:. l'-.:l c::;, = ~'i'"" o -r, 3J! f712J r'" -0 (1; .~"~'5r ~~': . -I '_._' .:- -f :~:5 ;~7 "' '- C~~ rn S! :.0 -< ~ o ".c - 0'\ ""0 -'to- -.L.. BAKI BANUSHI IN TIiE COURT OF COMMON PLEAS YS. , : CUMBERLAND COUNTY, PENNSYLVANIA crvrr.. DMSION FARIJE BANUSHI : NO. 06-4692 CIV1L 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: Irre1rievable breakdown under 3301 (0) -~~fl-j-ei~-6otie;- (S1rike out inapplicablo section) 2. Date and manner of service of the complaint: HAnrl nplivpry, Allgm::t ]7, 2006 Acceptance of Service was filed previously. 3. Complete either paragraph (a) or (b). a. Date of execution of tIle affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 11/16/2006 ; by defendant 11 /16 /2006 b. (1) Date of execution of the affidavit required by 3301 Cd) of the Divorce Code; (2) Date of filing and service of the plaintiff's affidavit upon the respondent; 4. Related claims pending; All claims have been settled pursuant to the Marital Settlement Agreement dated 8/29/2006 which shall be incorprated but not merged into the Dlvorce Decree. 5. Complete eitlier (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: Herewi th Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotuy; Herewith r-..:> = c::;) c::r. /-' _J ., -~ :c miD ~n eel :-i;~ ~ (:,"5 ~ 0\ ;I f'..) .. ,- ~- (.r it; '" "''''''' "''''''''''~~'''~ ~'" "'''' ~~ "'~"'''''''~''''''''''''~''''''~~ "'''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. BAKI BANUSHI No. 06-4692 CIVIL TERM VERSUS FARIJE BANUSHI DECREE IN DIVORCE AND NOW, Ab-~ LZ- , OZ4CC, , IT IS ORDERED AND DECREED THAT BAKI BANUSHI , PLAI NTI FF, AND FARIJE BANUSHI , 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; All claims have been settled pursuant to the Marital Settlemenf Agreement dated August 29, 2006, which shall be incorporated but not merged into the Divorce Decree. OU~J PROTHONOTARY ~ ~~~~~~~"'~~~~ ~~ ~~~~~~~ "''''~ ~ '" J. . JIr? ~ ~ 1(1- I-C'/ ~(J r ? ~ 4h; -r'J 1Q- I -el .. .. -, .~ ". "".