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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~~'i "
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PEN NA,
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KENNETH A. BERKICH
Plaintiff
No.
96-294 CIVIL TERM
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VERSUS
CAROL S. BERKICH
Defendant
DECREE IN
DIVORCE
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AND NOW.
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. z.,o ( . IT IS ORDERED AND
DECREED THAT
Kenneth A. Berkich
. PLAINTIFF.
AND
Carol S. Berkich
. DEFENDANT.
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ARE DIVORCED FROM THE SONDS OF MATRIMONY.
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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;
The terms of the parties' Marital Settlement Agreement, dated
May 30, 2001, are attached hereto are incorporated herein but
not m~rg~d h~r~with.
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PROTHONOTARY
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AGREEMENT
AGREEMENT made this 'olHi day of fi1A1 ,2001, by and between
KENNETH A. BERKICH ("Husband") of Mechanicsburg, Cumberland County, Pennsylvania
and CAROL S. BERKICH ("Wife"), ofHighspire, Dauphin County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on the 31st
day of December, 1990. There were no children bom of this marriage. The parties have no other
issue, living or deceased, and have no adopted children.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and as a result they have lived separate and apart since on or before the 27th day of
December, 1995. A proceeding for the divorce of the parties has been filed by the Husband in
the Court of Common Pleas of Cumberland County, Pennsylvania, on January 22, 1996, No. 96.
294. It is the intention of Wife and Husband 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 matters between them relating to
past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by
Husband and of Husband by Wife; and possible claims by one against the other and against their
respective estates.
NOW THEREFORE, in considemtion of the above recitals and the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable considemtion,
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and agree as follows:
I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available to either party. This Agreement is not intended to condone
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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 which
have occurred prior to or which may occur subsequent to the date hereof.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless 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,
3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE
The purposes of this Agreement are to effect a complete and final settlement, with
reference to each party of:
a. All of the respective property and property rights of the parties,
b. The obligation of each party for the support of each other, and the parties agree
that the tenns of this Agreement shall be incorpomted but not merged into any
final divorce decree which may be entered with respect to them.
4. AGREEMENT NOT TO BE MERGED
This Agreement shall be incorpomted into the final decree of divorce of the parties hereto
for purposes of enforcement only, but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as
amended, and in addition, shall retain any remedies in law or in equity under this Agreement as
an independent contmct. Such remedies in law or equity are specifically not waived or released.
5. 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 iflhey have each execuled 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 party last executing this Agreement.
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6. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take
place on the "distribution dale" which shall be defined as the date of execution of this Agreement
unless otherwise specified herein.
7. FINAL DISCLOSURE
The parties confinn that each party is fully aware of the respective assets of each other
and has further relied on the substantial accuracy of the financial disclosure of the other, as an
inducement to the execution of this Agreement.
8. ADVICE OF COUNSEL
The provisions of the Agreement and its legal effect have been fully explained to the
parties by counsel, Michael D. Rentschler, Esquire, attorney for Husband; and Maria P. Cognetti,
Esquire, attorney for Wife. The parties acknowledge that each has received independent legal
advice from counsel of their selection and that they fully understand the facts and have been fully
infonned as to their legal rights and obligations and they acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge, and the parties
acknowledge that execution of this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or illegal agreement or agreements.
In addition, each party hereto acknowledges that he or she has been fully advised by his
or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S.
Section 101 ltl. ~., whereby the Court has the right and duty to detennine all marital rights of
the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and being fully advised of his or her rights thereunder,
each party still desires to execute this Agreement, acknowledging that the tenns and conditions
set forth herein are fair, just and equitable to each of the parties, and each waives his or her
respective right to have the Court of Common Pleas of Cumberland County, or any other Court
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of competent jurisdiction, mnke any delenninalion or order affecting the respective parties' rights
to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property,
counsel fees, costs of litigation, or any other rights arising from the parties' marriage.
9. REAL ESTATE
Wife agrees to transfer all her right, title and interest in and to the real estate situated at
3320 Lisb:lm Road, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the nome
of Husband and Wife as tenants by the entireties to Husband and agrees to immediately execute
now and in the future any and all deeds, documents or papers necessary to effect such transfer of
title upon request. Wife further acknowledges thaI she has no claim, right, interest or title
whatsoever in said property and further agrees never to assert any claim to said property in the
future. Said transfer shall be effective immediately upon the entry of a final Decree in Divorce
and shall be binding.
In consideration of said transfer, Husband agrees to comply with the completion and
submission of any and all documents necessary to effect the removal of Wife's nome from the
Home Equity Loan which Waypoint Bank, fonnerly Harris Saving Bank, and its assigns
currently holds in the joint names of Husband and Wife.
10. PERSONAL PROPERTY
The parties do hereby specifically waive, release, renounce and forever abandon whatever
claims, if any, he or she may have with respect to the above items which shall become the sole
and separate property of each other.
a. Each waives any claim they may have to any pension, retirement, 40lK and/or
profit sharing plan of the other.
11. MOTOR VEHICLES
The parties agree that the J 995 Saturn shall become the sole and exclusive property of
Husband. The parties agree that any and all documentation necessary to effect the transfer of title
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of that vehicle from the joint ownership uf Husband and Wife. to that of Husband shall be
executed within IS calendar days oflhe execution date of this Agreement.
12. LIABILITIES OF WIFE
Wife represents and warrants to Husband that since their separation she has not
contracted or incurred. nor shall she in the future contract or incur any debt or liability for which
Husband or his estate might be responsible and Wife shall indemnify and save hannless Husband
from any and all claims or demands made against him by reasons of debts or obligations incurred
by her.
13. LIABILITIES OF HUSBAND
Husband represents and warrants to Wife that since their separation he has not contracted
or incurred. nor shall he in the future contract or incur any debt or liability for which Wife or her
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estate might be responsible and Husband shall indemnify and'~hannless Wife from any and
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all claims or demands made against her by reasons of debts or obligations incurred by him,
14. JOINT DEBTS
The parties agree that the only joint debt currently outstanding is the Home Equity Loan
from Waypoint Bank, fonnerly Harris Savings Bank, Husband shall be solely liable for that
marital debt and agrees to indemnify and save hannless Wife from any liability as a result of that
debt.
15. ASSUMPTION OF ENCUMBRANCES
Unless otherwise provided herein, each party hereby assumes the debts, encumbrances,
taxes and liens on all the property each will hold subsequent to the date of this Agreement, and
each party agrees to indemnify and hold hannless the other party and his or her property from
any elaim or liability that the other party will suITer or may be required to pay because of such
debts, encumbrances or liens, Each party in possession of property to be awarded to the other
warrants that all dues, fees, assessments. mortgages, taxes. insurance payments and the like
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nttendnntto sueh properly nre currenl, or if not current, notice of nny nrrenrages or deficiency has
been given to the receiving pnrly prior to the execution of this Agreement.
16. ANNULMENTILAWSUlT
As an offer to compromise and settle a dispuled issue. Husband will accept a Divoree
Agreement. It does not in any way indicate thnt Husband agrees that there is a valid marriage
between Husband and Wife. For that mntter, this agreement does not state that Husband's
annulment procedure is without merit. Husband agrees to drop annulment action.
17. LIABILITIES NOT LISTED
Each pnrly represents and wnrmnts to the other that he or she has not incurred any debt,
obligation, or other liability, other than those described in this Agreement, for which the pnrly is
or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the
party who has incurred or may hereafter incur it. and each party agrees to pay it as the same shall
become due, and to indemnify and hold the other parly and his or her properly hannless from any
and all such debts, obligations and liabilities.
18. INDEMNIFICATION OF WIFE
If any claim. action or proceeding is hereafter initiated seeking to hold Wife liable for the
debts or obligations assumed by Husband under this Agreement, Husband will, at his sole
expense, defend Wife against any such claim. action or proceeding, whether or not well-founded,
and indemnify her and her properly against any damages or loss resulting therefrom, including,
but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith.
19. INDEMNIFICATION OF HUSBAND
Ifnny claim. action or proceeding is hereafter initiated seeking to hold Husband liable for
the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense,
defend Husband against any such claim, action or proceeding, whether or not well-founded, and
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indemnify him and his property against any damages or loss resulting therefrom, including, but
not limited to, costs of court and attorney's fees incurred by Husband in connection therewith,
20, WAIVER OF ALIMONY
The parties acknowledge that inflation may increase or decrease, their respective
incomes, that either may be employed or unemployed at various times in the future, that their
respective assets may substantially increase or decrease in value, and that notwithstanding these
or other economic circumslnnces, the parties acknowledge that they each hove sufficient property
and resources to provide for her or his reasonable needs and that each is able to support himself
or herself without contribution from the other. Therefore, the parties hereby expressly waive,
discharge and release any and 011 rights and claims which they may hove now or hereafter have,
by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and
they acknowledge that this Agreement constitutes 0 final detennination for 011 time of either
party's obligation to contribute to the support and maintenance of the other. It sholl be, from the
execution dote of this Agreement, the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any additional support from the other party.
21. TAX RETURNS AND AUDITS
Husband and Wife represent that 011 federal, state and local tax returns required to be filed
by Husband and Wife during the pendency of their marriage have been filed, and 011 fedeml, state
and local taxes required to be paid with respect to the periods covered by such returns ore paid.
Husband and Wife further represent there are no tax deficiencies proposed or assessed against
Husband and/or Wife for such periods. and neither Husband nor Wife executed any waiver of the
Statute of Limitations on the assessment or collection of any tax for such periods, Each party
respectfully affinns that it sholl not seek payment from the other party in the event that there ore
any unsettled tax claims or other charges arising out of any taxable year for which there ore tax
payment,
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22. PRESERVATION OF RECORDS
Each party will keep and preserve for a period off our (4) years from the date of divorce
all financial records relating to the marital estate, and each party will give the other party
immediate access to these records in the evenl of tax audits.
23. AFTER-ACQUIRED PERSONAL PROPERTY
The parties acknowledge that since the date of sepomtion, the pnrties have owned and
enjoyed, independently of any claim or right of the other, all items of personal property, tangible
or intangible, thereafter acquired by him or her, with full power in him or her to dispose of the
same as fully and effectively, in all respecls and for all purposes, as though he or she were
unmarried.
24. LEGAL FEES
Each party will be responsible for their respective counsel fees and costs involved in
securing a 90-day no. fault divorce instituted by Husband as Plaintiff. In the event. for whatever
reason, either party fails or refuses to execute an affidavit evidencing their consent to the divoree,
pursuant to Section 3301(c) of the Divoree code, that party shall indemnify, defend and hold the
other harmless from any and all additional expenses, including actual counsel fees resulting from
any action brought to compel the refusing party to consent. Each party hereby agrees that a legal
or equitable action may be brought to compel him or her to execute a consent fonn and that,
absent any breach of this Agreement by the proceeding party. there shall be no defense to such
action asserted.
25. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
Husband and Wife agree and hereby do release and renounce any claim they may have
against the other pnrty for spousal support. alimony pendente Iile. alimony and maintenance.
Wife agrees to release and forever discharge any due. pasl due or fulure spousal support. The
pnrties acknowledge that Husband made a $160.00 support payment for the benefit of Wife
which payment was or has been received by Wife on or aboul April 23.200 I. Husband agrees
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that Wife may retain said payment, but, that in consideration of Wife retaining that payment,
Husband's final settlement payment for the divorce as stated in Paragraph 37 shall be reduced to
S9,840.00 which represents the difference between the SIO,OOO figure offered by husband and
accepted by Wife. Wife further understands and agrees that she must, effective the execution date
ofthis Agreement, waive, remove or forever discharge any and all arrearages which may be
owed to Wife from Husband and accordingly, Wife agrees to provide Husband with a letter
delineating that she is withdrawing any and all support obligations effective the date of the
execution of this Agreement, Further. the letter shall state the she has agreed to dismiss any
arrears which may be owed by Husband for the support of Wife.
26. HEALTH INSURANCE. HUSBAND AND WIFE
Each party shall be responsible for his or her own Blue Cross/Blue Shield Major Medical
or equivalent coverage.
27. WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that he or she has not heretofore incurred or contracted any debt or
liability or obligation for which the estate of the other party may be responsible or liable except
as may be provided in this Agreement. Each party agrees to indemnitY or hold the other party
hannless from and against any and all 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.
28. WARRANTY AS TO FUTURE OBLIGATIONS
Except as set forth in this Agreement, Husband and Wife each represents and warrants to
the other that he or she has not in the past and will not at any time in the future ineur or contract
any debt, charge or liability for which the other's legal representatives, property or estate may be
responsible. Each hereby agrees to indemnify, save and hold the other and his or her property
hannless from any liability, loss. cost or expense whatsoever incurred in the event of breach
hereof.
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29. PAYMENT OF SPECIFIED ODLlGA TIONS
During the course of the marriage and prior to the date of sepnration, Wife and Husband
have incurred certain bills and obligations and have amassed a vnriety of debts, and it is hereby
agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills
were incurred, that Husband shall be solely responsible for all bills, obligations and debts related
to the house at 3320 Lisbum Road, Mechanicsburg, PA, including the first and second
mortgages, the applicable real estate taxes, and any and all utility bills. Each party agrees to hold
the other hannless from all personal debts and obligations incurred by him or her from the date
of separation. Each party agrees to hold the other hannless from any and all liability which may
arise from the aforesaid bills and which, pursuant to the tenns herein, nre not the responsibility of
the other party, In addition, each party represents and warrants to the other that he or she has not
incurred any debt, obligation or other liability other than those described in this Agreement on
which the other party is or may be liable. Each party covenants and agrees that if any claim,
action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt,
obligation, liability, act or omission of such party, such party will, at his or her sole expense,
defend the other against any such claim or demands whether or not well-founded, and that he or
she will indemnify and hold hannless the other party in respect of all damages resulting
therefrom.
30. PROPERTY RELEASE
It is the intention of Husband and Wife to give to 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 of this Agreement. All property
hereunder is transferred subject to all existing encumbrances and liens thereof. The transferee of
such property agrees to indemnify and save hannless the other party from any claim or liability
that such other party may suITer or may be required to pay on account of such encumbrances or
liens. Such party will, at his or her sole expense, defend the other against any such claim,
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whether or not well founded, and he or she will indemnify and hold hannless the other party in
respect to all damages resulting therefrom. The insurance on the property being trnnsferred
hereunder is assigned to the party receiving such property, and the premiums on such insurance
shall be paid by the party to whom the insurance is llSsigned. By this Agreement the parties have
intended to effect an equitable distribution of their llSsets. The parties have detennined that the
division of said property confonns to the criteria set forth in ~ 3501 ~. mi. of the Pennsylvania
Divorce Code taking into consideration the length of ml1lTiage; the fact that it is the third
marriage for Wife and the third marriage for Husband; the age, health, station, amount and
sources of income, vocational skills, employability, estate, liabilities and needs of each of the
parties; the contribution of each party to the education, tmining or increllSed earning power of the
party; the opportunity of each party for future acquisitions of capitalllSsets and income; the
sources of income of both parties, including but not limited to medical, retirement, insurance or
other benefits; the contributions or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including the contribution of each spouse lIS
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during the marriage; and the economic circumstances of each party at the time the
division of property is to become effective. The division of existing marital property is not
intended by the parties to constitute in any way a sale or exchange of IISsets, and the division is
being effected without the introduction of outside funds or other property not constituting a part
of the matrimonial estate. The division of property under this Agreement shall be in full
satisfaction of all marital rights of the parties,
31. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim 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 situate, which he or she now hIlS or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether
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arising out of any fonner acts, contracts, engagements, or liabilities of such other or by law of
dower or curtesy, or claims in the nature of dower or curtesy 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 wiil; or the right to treat a lifetime conveyance by the other as testnmentnry, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other state, Commonwealth or territory of the United States, or any
other country, or any rights which either party may have or at any time hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable
distribution, costs or expenses, whether arising as a result of the marital relation or otherwise,
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 of this Agreement.
32. PERSONAL RIGHTS
Wife and Husband may and shall at all times hereafter live separate and apart. Each shall
be free from any control, restmint. interference or authority, whether direct or indirect, by the
other in all respects as fully as ifhe or she were unmarried. Each may also reside at such place
or places as he or she may select. 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 molest, harass, or malign each other or the
respective families of each other, nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with him or her. Each party hereto releases the other
from all claims,liabilities, debts, obligations, actions and causes ofaclion of every kind that have
been or will be incurred relating to or arising from the property which is the subject of this
Agreement between the parties, except that neither party is relieved or discharged from any
obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment
or disposition of any property now owned by or hereafter acquired by the other.
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33. GENERAL PROVISIONS
This Agreement shall be effective from and after the time of its execution, however, the
transfer of the property provided for herein shall occur forthwith,
34. WAIVER OR MODIFICATION TO BE IN WRITING
No modification, recision, amendment or waiver of any of the terms hereof shall be valid
unless in writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any
oral representations or modifications concerning this instrument shall be of no force or effect
except a subsequent modification in writing, signed by the pnrty to be charged.
35. MUTUAL COOPERATION
Each party shall on demand execute and deliver to the other pnrty any deeds, bills of sale,
assignments, consents to change of beneficiaries of insurance policies, tax returns, and other
documents, and shall do or cause to be done every other act or thing that may be necessary or
desirable to effectuate the provisions and purposes of this Agreement. If either pnrty
unreasonably fails on demand to comply with these provisions, that party shaH pay to the other
pnrty all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure.
36. WAIVER OF INHERITANCE
Each pnrty hereby waives any interest that each may have in the other's estate by virtue
of inheritance. Consequently, unless specificaHy set forth in each pnrty's Will, neither party shall
inherit any of the other party's estate, upon the death of the other party.
37. MONETARY PAYMENT FROM HUSBAND TO WIFE
Husband agrees to pay to Wife a single lump sum payment of $9,840,00, which
represents the agreed upon figure of$IO,OOO less the $160.00 support payment received by Wife
from Husband as slated in Paragraph 25 of this Agreement. Said payment shaH be tendered to
Wife on the execution date.
41. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them with regard to the property which is the
subject of this Agreement. There are no representations other than those expressly set forth
herein.
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38. LAW OF PENNSYLVANIA APPLICABLE
This Agreement and all acts contemplated by it shall be construed and enforced in
accordance with the laws of the Commonwealth of Pennsylvania.
39. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs. executors, administrators, legal representatives. assigns and successors in
any interest of the parties.
40. BREACH
If either party breaches any provisions of this Agreement, the other party shall have the
right, at his or her discretion, 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 oflegal fees and costs incurred by the other in enforcing his or her rights under this
Agreement.
42. ENTIRE AGREEMENT
Each party acknowledges that he or she has carefully read this Agreement, including all
Schedules and other documents to which it refers: that he or she has discussed its provisions with
an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it
voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the
entire agreement between the parties concerning the subjects it purports to cover.
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43. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will on the execution dote of this
Agreement, execute any and 011 written instruments, assignments, releases, satisfactions, deeds,
promissory notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
44. NO WAIVER OF DEFAULT
This Agreement sholl remain in full force and effect unless and until tenninated under
and pursuant to the tenns of this Agreement. The failure of either party to insist upon strict
perfonnance of any of the provisions of this Agreement sholl in no way affect the right of such
party hereafter to enforce the some, nor sholl the waiver of any breach of any provision hereof be
construed os 0 waiver of any subsequent default of the some or similar nature, nor sholl it be
constructed os 0 waiver of strict perfonnanee of any obligations herein.
45. SEVERABILITY
If any tenn, condition, clouse or provision of this Agreement shall be detennined or
declared to be void or invalid in low or otherwise, then only that tenn, condition, clause or
provision sholl be stricken from this Agreement and in all other respects this Agreement sholl be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
her or his obligations under anyone or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of
the parties. Ifany provision of this Agreement is held to be void or unenforceable, all of the
other provisions hereof sholl nevertheless continue in full force and effect.
46. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for the convenience of reference and shall not constitute a part of this Agreement
nor sholl they affect its meaning, construction or effect.
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(SEAL)
IN WITNESS WHEREOF, the parties hereto hllve set their hnnds nnd sellls the dllY nnd
year first llbove written.
WITNESS:
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CAROL S. BERKICH
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this the 30"" day of ~ . 200 I, before me, a Notary
Public, the undersigned officer, personally appeared Kenneth A. Berkic:l, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~ ~ 'cr~
Notary Public
NOlarlR' Seal
nbnnn L n~lm'l. N~lnry Publlo
ltlmoynlJ- B(,I':~. c\J,':'~Il!:rla~'d county
My Cor(nnl~:O:ufl t:r.r;.n1'J O..t. 30. 2004
Member. POnnsyM~l\la ~tJll.OO VI NotanII
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this the .?J)~ day of mn 1;t , 200 I, before me, a Notary
Public, the undersigned officer, personally peared Carol S. Berkich, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~JC~ ~^PW
N ary Public '
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KENNETII A BERKICII
Plaintiff
IN TIlE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 96 - 294 - CIVIL TERM
Vs
CAROL S BERKICH
DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following to the Court for entry of a divorce
decree:
I. Ground for a divorce: Irretrievable breakdown under 3301 (c) of the Divorce
Code.
2. Date and manner of service of the Complaint: January 27,1996. Affidavit of
Acceptance of Service.
3. Date of execution of the Affidavit of consent required by 3301 ( c) of the Divorce
Code: By Plaintiff. by Defendant may 30, 2001.
4. Related claims pending: None
5. Date of Notice oflntention to Request Entry of Divorce in 3301 ( c) Divorce filed
with Prothonotary:
Respectfully submitted,
Date: ({, ~!:>';hv<> I
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1300 Market Street, Suite 200
Lemoyne. Pennsylvania 17043
(717) 975-9129
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RECORD OF
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KBNNETH A. BBRKICH,
PLAINTIFF
IN THB COURT OF COMMON PLEAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO. 96 - ;1';'1 CIVIL TBRM
IN DIVORCB
v.
CAROL S. BBRKICH,
DBFENDANT
NOTICB TO DBFEND AND CLAIM RIGHTS
YOU HAVE BBBN SUBD 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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, 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 Court Administrator
Cumberland County Courthouse
Fourth Floor
Hanover and High Streets
Carlisle, PA 17013
(717) 697-0371 Ext 6200
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KENNBTH A. BBRKICH, . IN THB COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBBRLAND COUNTY, PBNNSYLVANIA
.
.
.
V. I NO. 96 - CIVIL TBRM
I
CAROL S. SBRKICH, I IN DIVORCB
DBFBNDANT .
.
COMPLAINT UNDBR SBCTION 3301(c) OR
3301(d) OF THB DIVORCB CODB IN DIVORCB
1. The Plaintiff is Kenneth A. Berkich, who resides in
Cumberland County with a mailing address of P.O. Box 961
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is Carol S. Berkich, who resides in
Cumberland County with a mailing address of P.O. Box 3315,
Shiremanstown, Cumberland County, Pennsylvania 17011.
3. The Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 31,
1990 in Tarrant County, Texas.
5. There was a prior Divorce Action, 2282 Civil 1992, in
Cumberland County which was dismissed by order of court on October
10, 1995. There are no pending actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
-
.
9. Plaintiff requests the court to enter a decree of divorce.
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Thomas D. Gould
Attorney for Plaintiff
I.D. I 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Date: (-/( -7~
Kenneth
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KENNETH A, BERKICH, Plaintiff
v.
CAROL S, BERKICH, Defendant
No. 96-294, Civil 1996
CERTIFICATE OF SERVICE
-tl
AND NOW, this CiL day of ,1)1'(""."1,,, ,l!l26, I, Dawn M, Bawell, Pnrnlegal,
of the Law Offices of Dnrrell N, VanOrmer, Jr, & Associates, Attorneys for Defendant, hereby
certify that I this day served the Answer to Complaint Under Section 3304(a)(I) for Annulment
as well as the Answer to Complaint in Divorce and Counterclaim, upon the persons indicated
below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid,
at Elizabethtown, Pennsylvania, which service satisfies the requirements ofthe Pennsylvania Rules
of Civil Procedure:
Thomas D, Gould, Esquire
2 E, Main Street
ShiremanstolVn, PA 17011
LAW OFFICES OF
DARRELL N, V ANORMER, JR, & ASSOCS,
BY: dlhIJ. A .flnn.c//
DA WN M, BA WELL
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MARIA P. COGNEITI & ASSOCIATES
MARIA P. COGNEITI. ESQUIRE
Allomey 1.0. NG, 27914
210 Gmndvlew Avenue. Suite 102
Camp Hili. PA 17011
Telephone No, (717) 909-4060
Allomeys for Defendant
KENNETH A. BERKICH,
PlaintifT
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96 - 294 CIVIL TERM
CAROL S, BERKICH,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, Carol S, Berkich, acknowledge that I received a true and correct copy of the Complaint
in Divorce in the above-captioned maller, on January 27, 1996,
:...to uL b ~ ~ l j{j Cl..
CAROL s, BERKICll
DATE:
June 13,2001
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KENNETH A, BERKICH,
Plainliff
: IN HIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs,
: CIVIL ACTION
CAROL S. BERKICH.
Defendanl
: NO, 96-294 CIVIL
: IN DIVORCE
"
AFFIDAVIT OF CONSENT
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J. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on January 22,
1996 and was served upon the Defendant on or about9"Q :;J..~, /'7'7t.,
2, The mnrriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3, I consent 10 the entry of a final decree of divorce after service of a Notice of Intention
to Request Entry of the Decree,
...
4, I have been advised of the availability of marriage counseling and understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and. bcing so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verifY that the statements made in this Affidavit arc true and correct and I understand
that false statements herein arc made subject 10 the penalties of 18 Pa, C,S, ~ 4904 relating to
unsworn falsification to authorities.
Dated: ~
~o, .;2 0" I
,
TH A. BERKICH, Plaintiff
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KENNETH A. BERKICH,
Plai.1tifT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION
CAROL S, BERKICH,
Defendant
: NO, 96-294 CIVIL
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
330Hc) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary,
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C,S,A, ~ 4904 relating to
unsworn falsification to authorities,
Date: .> A <l /;....0 I
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KENNETH A. BERKICH.
Plaintiff
vs.
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
CAROL S. BERKICH,
Defendant
: NO, 96-294 CIVIL
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on JanullJ)' 22,
1996 and was served upon the Defendant on or about a 0 Ot ~ /~,.
(/
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3. I consent to the entry ofa final decree of divorce after service ofa Notice of Intention
to Request Entry of the Decree.
4, I have been advised of the availability of marriage counseling and understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this Affidavit are true and correct and I understand
that false statements herein are made subject to the penalties of 18 Pa, C,S. ~ 4904 relating to
unsworn falsification to authorities,
Dated: lv\mt ~O\ 'ftij)\
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CAROL S, BERKlCH, Defendant
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vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
KENNETH A, BERKICH,
Plaintiff
CAROL S, BERKICH,
Defendant
: NO, 96-294 CIVIL
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c\ OF THE DIVORCE CODE
I. 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! 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 decrce will be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa, C.S,A, ~ 4904 relating to
unsworn falsification to authorities.
Date: 'IV\~ ?,Q I d nO)
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CAROL S. BERKICH, Defendant
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KENNBTH A. BBRKICH, . IN THB COURT OF COMMON PLEAS
.
PLAINTIFF I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
v. . NO. 96 - 294 CIVIL TBRM
.
CAROL S. BBRKICH, . IN DIVORCB
.
DBFBNDANT .
.
ORDBR
AND
~
NOIf this ~ day of August,
1996, after reviewing the
Stipulation filed in this matter it is hereby ordered that it be
made an order of this court. The Stipulation shall be binding on
each of the parties until such time that it is changed by mutual
agreement of the parties or by further order of this court.
BY THE COURT:
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KBHNB~H A. BBRKICH,
PLAINTIFF
.
.
IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBHNSYLVANIA
NO. 96 - 294 CIVIL TBRM
.
.
.
.
v.
I
.
.
CAROL S. BBRKICH,
DBFBNDANT
IN DIVORCB
.
.
STIPULATION
WHEREAS, the parties wishing to resolve any dispute as to who
shall be in possession of the home located at 3320 Lisburn Road,
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter
referred to as the residence, stipulate to the following:
1. The residence was purchased by the Plaintiff prior to his
marriage to Defendant on 12/31/90.
2. The residence was used as the marital home.
3. The Defendant moved out of the residence on or about
6/28/96.
4. The Defendant has established an independent living
residence at a location undisclosed to the Plaintiff.
5 . Plaintiff agrees that Defendant shall have exclusive
pos~e~sion of her current home.
5. The Defendant agrees that she shall not return to the
residence without the consent of the Plaintiff.
6. The Defendant agrees that Plaintiff shall have exclusive
possession of the residence.
7. The parties agree that this Stipulation shall not affect
any rights Defendant may have to an equitable interest in the
residence.
8. It is the intent of the parties
made an order of court.
th.a:Q StiPU.l~
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' KENNETH A. BERKICH
J J.2~h t
DATE
lj!li?6
DATE
CAROL S. BERKICH
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KENNETH A. BERKICH,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 96-294 CIVIL TERM
CAROL S. BERKICH,
: IN DIVORCE
Defendant
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Thomas D. Gould, Esquire and Michael S, Travis,
Esquire lIS attorneys for Kenneth Berkich in the above-captioned motter,
Date: tlJ~/'r )
~<vI /), ~
ThomllS D, Gould, Esquire
J.D, No, 36508
2 EIISt Main Street
Shiremonstown, PA ]7011
(717) 731-1461
Dote: V /]6 j-; 1
~ ~
-
Michael S, Tmvis, Esquire
LAW OFFICE OF THOMAS GOULD
2 EIISt Main Street
Shiremanstown, PA 17011
(7]7) 731.1461
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
PlellSe enter the appearance of Michael D, Rentschler, Esquire as attorney for Kenneth
Berkich, in the above-captioned matter,
Dote: ,{.~~~7
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Michael D, Rentschler. Esquire
J.D, No. 45836
28 North 32nd Street
Camp Hill. PA ]7011
(7]7) 975-9129
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KENNETH A. BERKICII,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 96-294 CIVIL TERM
CAROL S, BERKICH,
Defendant
IN DIVORCE
NOTICE OF SERVICE OF
FIRST SET OF INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF
TO THE PROTHONOTARY:
PlellSe take notice that an original and two copies of Defendant's First Set of
Interrogatories and Requests for Production of Documents directed to Plaintiff were served upon
Michael S, Tmvis, Esq., 2 ElISt Main Street, Shiremanstown, PA 17011
LAW OFFICES OF
DARRELL N, V ANORMER, JR. & ASSOCS.
Dated: t! d) . 'I f
BY: ti
DA LLN, VANORMER,JR,
Alto ey for Defendant
1.0,#22046
344 S, Market Street, Elizabethtown. P A 17022
Telephone: 717,367,6831
Fax: 717,653,2251
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KENNETH A. BERKICH, Plaintiff
v.
CAROL S. BERKICH, Defendant
No. 96-294, civil 1996
Action in Divorce
NOTICE TO PLEAD
TO: the Plaintiff, Kenneth A, Berkich
You are hereby notified to plead to the enclosed
COUNTERCLAIM within twenty (20) days from service hereof or a
default judgment may be entered against you.
Law Offices of
Darrell N VanOrmer,
BY:
DARR N. V
ATTORNEY FOR DEFENDANT
344 South Market Street
Elizabethtown, PA 17022
(717) 367-6831
..
.
"
IN TilE COUnT OF COMMON PLEAS
OF ClIMIIEnLANJ> COUNTY. PENNSYLVANIA
Kcnncth A. IIcrklch. Plull1liff
v.
Cuml S, IIcrkich. Dcfendunt
No, 96.294. Civil 1996
Action In Divorce
ANSWER TO COMPLAINT IN D1VOnCE AND COUNTEnCLAIM
1. Admlttcd,
2, Admittcd,
3, Admlttcd.
4, Admittcd.
5, Admittcd,
6. Admlttcd,
7, Admitted,
8. Admittcd,
9, AlImiUed,
COUNTEnCLAIM
COUNT I
lkiiuest for 1~1Yilllhl.U)istrihution
10. I'arugruphs I through 9ure incorporated herein hy rcfercncc as though fully
sct forth.
. ,
.
.
II. Thc Plahuiff ami Dcfcndanl havc Icgally and hcnclicially acquircd propcrly,
hOlh rcal and pcrsonal dnring thcir marriage.
12, Thc Pl:linliff and Dcfcndanl havc hccn unahle 10 agrcc ns to cquilnhfe
dislrihulion of the snid propcrly to thc dalc of the filing of the Complainl in Divorcc,
WIIEREFORE. the Dcfcndant rcqucsts Ihis Court c1luilahly divide all marital
propcrly.
COUNT II
I{CQUCSI for Alimony. Alimony Pcndcnlc LiIC, Coung~
Cosls allill.l1lpcnses
13, Paragraphs 1 through 12 arc incorporatcd hcrcin hy rcfcrcncc as lhough
fully sct forth,
14. Dcfcndant lacks suflicicnl properly 10 providc for hcr rcasonahlc mcans and
is unahlc 10 supporl hcrsclf through approprialc cmploymcnt hccausc of hcr allcndancc in nursing
schoof.
15. Dcfcndanl rC1luircs rcasonahlc supporl to adcqualcly nlllintain hersclf in
accordancc wilh thc standard of living cstahlished inlhe marriagc
16, Dcfcndant has cmployed counscl hut is unahlc to pay thc neccssary and
reasonable 11110rncy fccs for said counscl in ordcr to cflcctivcly reprcsent hcr inlhc action,
WIIERErORE. Defcndant requcsts Your lIonorahle Court to
<
.
A. Enler an award of alimony pendente file until resolution of Ihe issues
raised by Ihese pleadings und permunently Ihereufler; and
B. Thereupon enler an awurd for such udditilllml counsel fees, ens Is und
expcnses as deemed appropriute.
Rcspcclfully sobmillcd
LA W OFFICES OF
DARRELL ,v ANORMER, JR, & ASSOCS.
. .
. ,
Y.ER U~H:^:l' 1 QN
I. C^ROI, 8, nrml(l CII , v",,'i fy 1.11'11. Lilt> nlilU1111t>III.B lIIild", ill
I.lIe ro"(>~,oi "'1 Amwer La CaIplalllt III DlvOl'CC IIIrJ CoullterclaIm
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iln:> made nubjt>Cl: to L.IH"! p""ilLl:len of 10 POl, C.8, S"cLi."" 1'1(11
,,,latill9 to '",nwOI'" falnifical:ioll 10 illll'lIol'il.ien,
Dated: _...2JtJ:.',_..5-:'.I.f.fC,___, .___.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KENNETH A. BERKICH, Plaintiff
v.
CAROL S. BERKICH, Defendant
No. 96-294, Civil 1996
NOTICE TO PLEAD
TO: the Plaintiff, KENNETH A, BERKICH
You are hereby notified to plead to the enclosed
COUNTERCLAIM within twenty (20) days from service hereof or a
default judgment may be entered against you.
Law Offices of
Darrell VanOrmer,
,.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kenneth A. Berkich, Plaintiff
v.
Carol S, Berkich, Defendant
No. 96.6037, Civil 1996
Action in Annulment
ANSWER TO COMPLAINT UNDER SECTION 3304(a)(I)
FOR ANNULMENT
1. Admitted, on information and belief.
2, Admitted.
3, Admitted.
4, Admitted,
S. Denied, Defendant had not remarried by common law her first husband,
John C, Drey, Defendant and Mr. Drey had cohabited for nine years prior to her marriage to
Plaintiff but there was never a mutual intent to be common law husband and wife, The Defendant
is prepared to testify under oath that there was never a mutual intent between her and Mr, Drey
to establish a common law marriage,
6, Admitted.
7, Denied in part and admitted in part, It is denied that Defendant held herself
out in public to be John C, Drey's wife, She legally changed her name back to "Drey" because
of her desire to disassociate herself with her second husband, John Whalen, and to have the same
surname as her son. It is admitted that she did sign documents, legal and otherwise, as "Carol
S. Drey" because that was her lawful name, The deed for the purchase of real property by John
C, Drey and Carol S, Drey established a tenancy in common, A copy of the deed is attached,
L
8. Admilled,
9. Admilled.
10, Admilled in part and denied in part, Defendant did purchase a house with
10hn C. Drey. She did not do so as his wife. The deed erroneously listed her as his wife, There
was never a mutual intent on the part of Mr, Drey or Defendant to be husband and wife after her
divorce from 10hn Whalen in 1981.
11. Denied, Proof is demanded at trial. By way of further explanation, it was
Mr. Drey's responsibility to terminate Defendant's coverage under his insurance, He failed to
notify the carrier in 1975 that he and Defendant were no longer married,
12. Denied, It is denied that Defendant married 10hn C. Drey a second time
so there was nothing for the Plaintiff to know, Furthennore Plaintiff did know that Defendant had
been married to 10hn C, Drey from 1968 to 1975, that they were divorced, and that they were
merely living together,
13, Admitted,
14, Denied, It is denied because there was never a common law marriage
between Defendant and 10hn C, Drey,
15, Admitted on information and belief,
16. Denied. As there was a legal marital status betwee.. the Plaintiff and
Defendant, an annulment would be inappropriate. Only an Action in Divorce would terminate
such a legal status,
WHEREFORE, the Defendant respectfully requests this Court to deny Plaintiff's
Petition for Annulment.
...-.h.,..
ANSWER TO COMPLAIN UNDER COUNT II:
FRAUDULENT MISREPRESENTATION
17, Admitted on information and belief.
18. Denied. It is denied that Defendant entered into a common law marriage
with John C. Drey,
19. Denied. There was no misrepresentation of her single status because she
was single at the time of her marriage to Plaintiff,
20. Denied in part and admitted in part. It is denied that Defendant entered into
a common law marriage with John C, Drey. It is admitted that she held herself out and signed
documents, legal and otherwise, as "Carol S. Drey" because that was her legal name as of January
1981.
21. Denied. It is denied that Defendant intended to induce reliance on the part
of the Plaintiff or the Court.
22, Denied. It is denied that Defendant perpetrated a misrepresentation, In fact
she was legally single at the time of her marriage to Plaintiff,
23, Denied. It is denied that Defendant entered into a fraudulent marriage on
31 December 1990. Her marriage to the Plaintiff was entered into without any impediments,
24, Denied in part and admitted in part, It is denied that her 1990 marriage to
the Plaintiff was fraudulent; it is also denied that John C, Drey was her common law husband,
It is admitted that she received approximately $14,000 from the sale of the property she and Mr,
Drey held as tenants in common. The figure represents 50% of the sum realized on the sale of
the house,
25, Admitted,
-
26, Denied. It is denied that Defendant attempted a reconciliation with the
Plaintiff. In fact he approached her in a move for reconciliation.
27, Denied. After Plaintiff approached Defendant about reconciliation, she
accepted and moved back into their home in Pennsylvania.
28. Admitted on information and belief.
29. Denied. It is denied that Defendant induced a fraudulent marriage, Any
transfer of property rights or other interests were the results of their lawful marriage.
30, Denied. It is denied that Defendant committed any fraudulent actions out
of which the Plaintiff could have suffered actual damages,
31, Denied. Defendant has an equitable interest in any and all marital property
arising from her lawful marriage to the Plaintiff,
WHEREFORE, the Defendant respectfully request that the Plaintifrs request for
damages plus interest, costs of suit and attorneys' fees, and other equitable remedies and relief
be denied,
Respectfully submitted
LAW OFFICES OF
DARRELL N, VANORMER, JR, & ASSOCS,
BY:
DA N. VANORMER,
I,D,#22046
Attorney for Defendant
344 South Market Street
Elizabethtown, PA 17022
(717) 367.6831
VERIFICATION
I, CAROL S. BERKICH, verify that the statements made in
the foregoing Amwer to Calpla1ntU1cler Section 3304(8)( 1) tbr Am1lment
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.
Dated: 1),.,.. 5' It;f"t
-
rYl J eL ~. o'OA r.i C~
CAROL S. BERKICH
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KENNETH A. BERKICH,
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 96 - 294 CIVIL TERM
CAROL S. BERKICH,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
RULE
AND NOW. to wit, this 2..5 tl. day of
l<-lr ~', I ,2001 upon consideration of
the foregoing Motion of Mnria p, Cognelti. Esquire, counsel for Defendllllt.a Rule is entered
upon PlnintilTto show cause why PlaintilT should not be compelled to submit the foregoing
documents within ten (10) days from entry of said Order,
RULE RETURNABLE ~O days from service.
BY THE COURT:
of!-
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CUM2bl~:'i() COUNIY
PENNSYL\~WL~
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MARIA P. COGNETfI & ASSOCIATES
MARIA P. COGNETfI, ESQUIRE
Attomeyl.D, No. 27914
210 Orandview Avenue, Sulle 102
Camp Hill, PA 17011
Telephone No, (717) 909.4060
Attorneys for Defendant
KENNETH A. BERKICH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 96 - 294 CIVIL TERM
v,
CAROL S, BERKICH.
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION TO COMPEL PRODUCTION OF DOCUMENTS
AND REOUEST FOR SANCTIONS
AND NOW. comes Defendant, Cnrol S, Berkich. by and her through her attorney, Maria
P. Cognetti. Esquire and files this Motion to Compel Production of Documents and Request for
Sanctions, and in support thereof avers as fonows:
1, Plaintiff is Kenneth A, Berkich. who currently resides at 3320 Lisbum Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055,
2, Defendant is Cnrol S. Berkich. who currently resides at 286 Broad Street.
Highspire. Dauphin County, Pennsylvania 17034,
3, The parties hereto are husband and wife having been married on December 31,
1990 in Tarrant County. Texas,
4, Plaintiff filed a Complaint in Divorce on January 22, 1996. and a Complaint in
Annulment on November 4. 1996,
-'
S. PlaintilThas always been represented pro se,
6. On or about December 28, 2000, Defendant served PlaintilT with Interrogatories
and a Request for Production of Documents.
7, According to Pa, R,C.P, 4006 and 4009, PlaintilThad thirty (30) days in which
to provide his Answers to Defendant's Interrogatories and provide PlaintilTwith the requested
documents.
8, PlaintilThas not provided Defendant with said documents nor his Answers
thereto,
9. PlaintilT never objected to any of the questions posed in either the Interrogatories
or the Request for Production of Documents, nor did he ask for any extension of time in filing
said Answers.
10, As of February 5,2001, counsel for Defendant infonned PlaintilTthat he had
faited to respond to Defendant's discovery requests and provided him with an additional original
set ofInterrogatories and Request for Production of Documents, Counsel for Defendant
infonned PlaintilTthat he would have until February 13, 2001 to file Answers thereto or he
would be subject to sanctions, A true and correct copy of said correspondence is attached hereto
and marked as Exhibit "A,"
II, PlaintilT has not provided any Answers or documents as requested in the
Interrogatories and Request for Production of Documents.
12. Plaintiff's documents and Answers are essential to the proper development and
presentation of Defendant's case. Without said items, Defendant's case is unduly prejudiced.
13. Plaintif1's conduct in not responding to Defendant's discovery requests is totally
unjustified, and has necessitated a filing of the instant Motion,
14, PlaintifThas expended and will expend considerable counsel fees in pursuit of this
Motion.
WHEREFORE. Defendant respectfully requests this Honorable Court enter an Order:
A. Compelling PlaintifTto produce all of the documents requested by Defendant
within ten (10) days from the entry of said Order. and upon PlaintilT's failure to comply within
the allotted time period. PlaintifT would be prohibited from introducing into evidence the
designated documents or from introducing any evidence or testimony about the contents of the
designated documents or the assets to which the documents are related;
B, Directing PlaintifTto pay Defendant's reasonable counsel fees and expenses
incurred in connection with the filing. prepnmtion and disposition of the instant Motion in the
amount of Five Hundred ($500.00) Dollars; and
C, Granting further relief as is deemed appropriate and just.
Date: 'f I, 010 (
By:
Respectfully Submiued:
MARIA P. CO NE17I & ASSOCIATES
iJ, ~
. . }.
(tuta,O -' /
MARIA P. CO' 171, ESQUIRE
Attorney I.D, No, 27914
210 Grandview Avenue. Suite 102
Camp Hill. PA 17011
Telephone No, (717) 909-4060
Attorney for Defendant
,
Exhibit A
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MAmA P. COGNE'ITI & ASSOCIATES
Allorncys alld Counselors at Law
Practice Limited to Matrimollial Law
Maria P. Cognelli .
Attorney alLaw
It Allison Wright
Auomer .t Law
Michaclc 0, Alcaro
Attorney a,l.lw
-fellow.Amerlcan Academy of
Malrlmonlal1.8WYcrs
Karen A, ShcrilT
Par.legal
February 5, 2001
Ken Berkich
3320 Lisbum Road
Mechanicsburg, P A 17055
Re: Berkicll v. Berkicll
Our File No. 00-285
Dear Mr, Berkich:
This will confinn our telephone conversation of January 30, 2001, wherein you told me
you arc willing to pay our client the SlIm of$30,OO per week for two years in an effort to settle
the above malter,
This will also confinn I conveyed the above offer to our client yesterday and that she
rejected same, As I have told you more than once, our client is willing to settle this case for the
sum of $1 0,000,00, If you are unwilling to settle this case for this amount, our client will be
tnking steps to schedule this case for a hearing before a divorce master,
Additionally, as of this date you still have not provided us your Answers to
Interrogatories and response to Request for Production of Documents, These documents were
served on you on or about September 28, 2000, Under the Pennsylvania Rules of Civil
Procedure, you had thirty (30) days in whieh to provide your Answers and the requested
documents.
In the event you misplaced the original Interrogatories and Request for Production of
Documents, another set of each is enclosed, Be advised that if we do not receive your Answers
210 Grilndvic" Mcnnc, SuilC 102 . Camp lIill,l'A 17011
'I clcl'honc (111, l)OI},4060 . Filx (717) '1lll),4068
, .
Ken Berkich
February 5, 2001
Page 2
and the requested documents by February 13,2001, we will file a Motion for Sanctions against
you with the Court, In that event; we will also ask the Court to direct you to pay our client's
legal fees in the amount ofSSOO,OO,
Very truly yours,
MARIA p, COGNETTI & ASSOCIATES
.,J.:JJ.-
By: H, Alliso~~~tJ
HAW/lar
Enclosures
cc: Carol Berkich
'-f'_'
VERIFICATION
I, Maria P. Cognetti, Esquire, attorney for the Defendant, have personal knowledge of the
facts contained in the foregoing Petition and therefore do verify that the information contained
therein is tnJe and correct to the best of my knowledge, information and belief.
DATE:
/Jat.
I N 'I'm: COUIlT O~' COMMON PI.I':AS OF ClIMlmlll.ANIl COUNTY, P~:NNSYI.vAN I A
CIVIl. M:TION ,. I.AW
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Plaintiff
,.
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~'ile No. 19~~ - ~ q~
:
VB.
:
IN DIVORCE
:
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:
'&:R.tKJ\
:
Defendant
NOTICE TO IIESUME PIlIOR SUIlNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a ~'inal Decree in Divorce on the
~ I day of "JUI\~____, M ;),OOl , hereby elects to resume the
prior surname of _ lUll E.'(. ._____. _,___, and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DAn:: .lL~~'OI__,__._n__
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Signature
COMHONWEALTIl OF PENNSYLVANIA:
,_~...!._,1Jl/~1lIL
Signature of na~
...{DQAM.. ), J~
:
55.
COUNTY OF CUMIlF.Rl.AND
On the _.?~__ dilY of __.-:.f!.Ut'd_._ .. . ~..g.o.e/. before me, a
Notal'Y Publie, personally appeare(~hi,he ilhov" illfianl known to m" to
be lhe person whose nilm(~ is GubsGrihcd to the wi t.hin document ilud
acknowledged that he/she executed the fore'loinq for the purpoflc
therein contained.
sedl.
In Wil.nc~j~; Wheruof,
hdve heroelullo Hel. my hand and o[fi,:i.ll
(}jOJ.td.iCL q,~ba.i(~-C.
Notary PUblic
NOTARIAL SEAL
CLAUDIA A, BREWBAKER. NOTARY PUBLIC
Carlisle Boro. Cumberland County
My CommiSSion expires April 4. 2005
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