Loading...
HomeMy WebLinkAbout96-01373 '\ ~ ~ '. " -"".. .~ J ~ c;:-.. ~," -...3 . 0-: , ~! I ~~~-------~~~~-~~--_._--------~ * '.~.~~--"'-----"'---' "-'-' ..._- -...-."...... ..... ..........-... "-~ ....1. 8 1. :i IN THE COURT OF COMMON PLEAS I: ,I OF CUMBERLAND COUNTY l~ f11 It *! "r:k t ~l STATE OF ~~: PENNA. . -I · 81 * . I LUANN S. BRUTKO, . ..1 iii Ml Plaint.iff ;\1'. 96-1373 CIVIL ~ . . .. \".,.,,1' . . STEPHEN A. BRUTKO, III. . . Defendant. . ., , '. . DECREE IN t-1.tz.1D'JA *. ANDNcm.WiAV~~,Yb~,o~:'.dond r\ i decreed that..........L.. "N. S:..~RUT.K.O..................... plaintiff, . . . . . . . ,;; " * * ~ .;, " ~ 8 ~I ~l 8j . , * . 8 . 8 i.l i.l i.l 8 8 ~ . i.l v '" II . : -./, L. '<" / i // /) -# ~ J. . '.' ~ . """ ~4-k.n-..J.."~ c... t-c..<P-~/1. _ _ -'f;4"<<.-n.. -7 ~ i.l ~/h /0 ~', ~ 4 j7 ~rothonotary , ;~ . ~ ~-__:..- ... ... 'lOC. .1c.'{C,'...::;;.'::';-.".:t,;' .:+:. .:+;. .:+:' <+:. .:+:. ':+:. .:<<. ':.:. .:+:. .=*:. .;+:. .:+:. .:+:' .:.:. .:+;. .:+;. and. . . . . . . . . . . . . . . . . ' . ?:r."'I'I:l~.N. .~, "B,Ill,lT!<.Q, . ~u . , . . . , . . , . " 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; ,:rH.~. PA.R1;~ES. .~~RI.TAL S.ETTLEME~:r .AGR,E.EMW~ ,~!\:r."'l? i'.p.IlH.. .4, ' ~,9.QQ. IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ...............,. -,. ,.......... .."... ......"., ,....-... ~ i! MARJTAL SETTLEMENT AGREEMENT nus AGREEMENT, made this4.:J11_ day of . L.l..ttU.- . .___._. 1996, by and between lUANN S, BRUTKO, hereinafter referred to as "Wile", and STEPHEN A. BRUTKO, .' Ii , " il i! II " Ii 'I I! I , I I I I III, hereinafter referred to as "Husband" WlTNESSETH WHEREAS. the panies are Husband and Wife who were married on February 26. 1988, and, WHEREAS, the Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No, 96-1373 by complaint tiled on March 13, 1996; and, WHEREAS, the panies desire to settle fully and finally their respective linancial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership in equitable distribution of personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and. WHEREAS, Wile is represented by her separate legal counsel and has been advised of her respective rights, privileges. duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband has voluntarily chosen to be unrepresented in this matter, but has been advised and continues to understand that he has the right to be represented by his own separate legal counsel who could advise him regarding his respective property rights, privileges, duties and obligations relative to the panies' property rights and interests under the Divorce Code and regarding alimony and spousal support, and, 1 WHEREAS, each party is fully tamiliar with the marital property and both parties now desire to settle IIOd determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims, NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry ofa Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code, Both parties shall ellecute and tile the requisite Consents with the Court contemporaneously with the execution of this Agreement. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declar;: this Agreement null and void, ab initio, 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shaII continue to be enforceable in accordance with its terms, No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pur,suantto the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties ell pressly stating that this Agreement has been revoked or modified, ] The parties have agreed to divide their personal effects, household furniture and 2 -. furnishings, automobiles and all other anicles of tangible personal propeny which have heretofore been used by them in common in accordance with the list which is attached hereto and marked as "Exhibit A" which shows the onlypropeny to be claimed by Husband and neither pany will make a claim to any such items which have been designated as propeny of the other, Each pany will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal propeny titled in both names. The pany receiving sole ownership of such items shall pay all costs associated with the transfer and maintenance of the propeny in the future, Wife shall become the sole owner of the residence at 229 Hill Street, Mt Holly Springs, Pennsylvania and Husband agrees to execute any and all documents necessary to transfer any propeny interest he may have in the propeny to Wife, Wile shall undenake to refinance the exisiting mortgage for the property removing Husband as a responsible party to the mortgage obligation. 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The panies hereby agree that all such intangible propeny presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate propeny, Each pany hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each pany to retain full ownership of such rights as his or her sole and separate property, 3 5, Husband al.lrees to indemniry and save and hold harmless the Wife 101' any liability "'pon the obligation assumed by the Husband in accordance with the terms and conditions set forth in paragraph 4 of this Al.lreement 6, Wife agrees to indemniry and save and hold harmless the Husband for any liability upon the obligation hereby assumed by Wife in accordance with the terms and conditions set forth in paragraph 3 relating to the mortgage obligation for the residence of this Agreement 7. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemniry and save and hold harmless the other ITom and against all such debts, liabilities or obligat:ons of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after execution of this Agreement, except as may be otherwise specifically provided for by the teons of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemniry and save and hold harmless the other ITom any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred, 4 9, Both parties agree that the hereinabove !let torth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases. and remises any claim to ownership of or interest in any property designaled as the property of the other by virtue of the provisiol15 of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10, Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereot: whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 11. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those 5 . \ 70::.,.. 0 " .. " e. , t.l C' , cj c: :-, " I L... = = t'. 0 ~, L, .... ., /' .,... . d 7"- --... ::r- ..,.. ::t. -,. r') 1 ^ [ (~ , -II ,V') ;--0 U_l ", .... 0 ( , 11 ~ i- -:> ,'1 /)) I l ' (,1 v '.) ( () ~, ~ ( 0 1 l.>, " () ~ ~'"'I) - ~ ~ 3 <:J ." ::n ..: lIJ ~ . l1o>- z~ OZ xO..: XOH OUz uQ..: ,.,3~ 0:)>- ~"'~ ClIll>l:;c oQ)l>I olEll. UO U /IJ,., =0 ~ Z H . o =.: ~.... 0.... ClIl Q).... .oJ . <l Ill.... AI z'" Zl10 "" o ~ . > H H H + t + + + + + c.I + + U + + Cll + + 0 + + > + + .... + + Q + + + + z + + .... + + + + ~ + + z + + .... + + < + + ~ + + l10 + + X + + 0 + + U + + + + + + + + + o =':.oJ ~<l 0111 a:l't:l Q) <l 4> ..... ":4> Cl :;c Co! :Il l10 c.I ~ III x3: 0:< ~ c.llc.I ~zu ~oc:: ....HO >~> ....u.... u<Q \D~Z OIHH 01> .... -u '" 15 0 15 t :: :i ~ ~ ~ u ., ~ ~ ~ u ~ ~ ! ~ ~ ~ ::1 ~ ~ C2 ~ <Ii t3 ~ .- 0\ \,~, -.. Vl ,-,~ W c , II . CJ , e:::: l-., ()~ ~"'" (~.. LI c.; , _. .. -..- . I , L.; <,. .--> ( { j \ I ; " :! !I II I' I LUANN S. BRUTKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-1373 CIVIL TERM v. STEPHEN A. BRUTKO,III, Defendant IN DIVORCE AFrIDAVIT or CONSENT AMD WAIVER or NOTICI or IITENTION TO REQUEST ENTRY or DIVORCE DECREI UNDIR SECTIOI 3301(C) OF THE DIVORCI CODI 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filsd on March 13, 1996. 2. The marriage of ths Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. S. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false stateloents herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: tl?,{/96 , / /lA'j J~ ;j,dJi; LUANN S. BRUTKO v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-1373 CIVIL TERM LUANN S. BRUTKO, Plaintiff STEPHEN A. BRUTKO,III, Defendant IN DIVORCE DErENDANT'S AFrIDAVIT or CONSENT, ACCEPTANCB or SERVICB AND WAIVER or NOTICB or INTBNTION TO REQUBST BNTRY or D!VORCB DBCREE UNDER SECTION 3301(C) or THE DIVORCB CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 13, 1996. 2. Defendant acknowledges receipt and accepts service of the Complaint on March 18, 1996. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6i:<~JJ6 I / -~EN~" 4Udkr 77r- BRUTKO, I II 1 i " , . L:-~ ',. ~n r--~ c: j-~ ~lJ' '-' .) c.;:"- .. 1-.. ~ ' , I Q' fi:> .-;) :/ . fl.> , j _. 1-. , " 0 C', ..;;