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Home My WebLink About96-03922 ,I I " I I, " , 'I':. , I I " I I " 'fl' l , , , oW ~ , I I' , , ',I 'i' , r'il :1 ~ ,!I "J' I! ,', , I! I 'I, " , " '"'C t"- . ~., ...q C .~ " , " " ,I , iI' " ,1,/ " .(1 ,.1.; ','ij,r ,pli, , '_-J I " ",d , i '" "/'11 , , '/ , '." " " , " ',I" I'IJ , " I" " t',- " I'i I, , , "'J li' " dll: ,/ ~ -, ' '1,1 " , ., " , . 'I, 'i , I' 'I , I! '. ~ , ii' ;I' 01" , , , 'I 'I' " .1 ., :.1 "'j' , .' , \" I ,;11 L" ", " I I " " , I" ", , ,_I , , " ',"", " , , , Ii' , I' , 'I I' J.' ,I )" 'I, "1 ; ,I " ",1' " 'I I I 'I ,j 'I , , " , " ,1)'" II ,d \., 1/:" ..: " ',. ,j 'I 'JI,' ;J I " I " '. " ;.' , I' II, il , , , ," ,III ,';.' ", " II' :'1,' , " , " '-{'I' 'I " I, ,I,', '" ':' /,,1 I' " /1','.1 '.. : ~ " I: if , ' ",1. " , ,,, " .:-- . ~ '.,.~ ,~' ~ ,fI) I' 'I '-( , I I.,; I, ,', " " , /II, ,d " " " " 'I' " , , " " , , "~, j I ,; " " . 'I "', ',I" , , t l' , ..t 0' 'I " ':1 "<I . ~ 'I , 'I. I' I:', II'., I l',t " ,I, .",', ~ i ",!, . -, " I ,', 'I, ,I jr';l1 " " 'Ii I II) " I' , .j ';' " , 1'1 -J" , " ,;j' i, II. ,I , , " " " " , " I I, , '11'1 ''''j, "1,1 ,1\",11 " , ,", ,I" ,"'; i) , , j' "1 ,I, , ,'t "'; 'I,' 'IY' I II" ., " j' ,.H '.'1 ,.,1- I",r" q 1'- j , , " , ;'1 "1"1 ,I ,I -," " ",\ ,ii' , , , , i',1 .,J'- " I, ,'-j " "! i , i! , I I " " '" .:fC:' .:.' .:.:. .:<<. ':.:. .:.;. .:t. .:<<. .k- M\" ~ ,..~..... ~...."- ~ '". ~ . --_." . . , .. , ( ~l $: IN $i M\ .'1 ~ ~ $' $ ~ ~ ~I ~ .. .:.t:' .:4t, .:.;. :.;. ,~.:. .:t(. .:.:' ':.:' .:.:' .:.:. ,:.;. :. .:.~. ':.:. .:.:- :~.:. .:~ .:.: ':~, '.. ':fCo ';4 , ' , , ' . , , , - . - -, .'" _.-- '18 18 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF i~~~;lv,?,,! \, ...1; ..,"", PENNA, SHARON LEE BRUMBAUGH, Plaintiff i\ ()~6-~9~~ VI'I'.'lI:; ~ JAMES EDGAR BRUMBAUGH, ~ Defendant ~ .' $ @ : I ~I ~l DECREE IN DIVORCE ,\..9.', .', hk-... . . , ,. 't..,', L. 1 9 ~ \, I d d d '-' .' . , . ' " It s or ere an ~I AND NOW, . . , . . . ,', ~ " decreed that S!iA.RON. .L.EE. BRUMBAUGH and, . . JI\I1Eii.EDG{lR . BRUMBAUGH. . . . . , . , . , , , . , , , . , , . , " plaintiff, . , . , , , , , . , . , , , , 'I defendant. ~ ~ .. ~ .. i:> ore 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 0 final order has not yet been entered; tv O\t--R w ',' ~ " ~ AU,l11atten; have .beenreeolved. pllJ:'elJ,ant;., ,t,q ,t;.l:le,f>j<;lj:,i,t;qj., l>,et;.t;J.,e,l1)~nt Septernl::ler 16, 1996 and ir,corpora)~~" ~J:1~q, ,l;>\l~ ,1'!9t Decree ;) Ily Th. Co,,;;, I <, ..--0 ' v/( /./ " ^tl."I:,;-.tItJu,,~,< f' ,(c/~4""': /'."t'~~H:'-j>- J, '''1---1 ,<'J,t'l ~,/ J-;,df-- /...b,;; ( '/ 7"'7 Prothonotnry .j ~ ,j ~ ~ ,,' .. ~ .. ~ ~ ~, ,,( ~I ~., '...:, ..' {<<. ~.~~.~,~~.,~,~..~..*,.~.,~,~.,~.~,.~,.~,~.,~.,~,.~"~ ~ ~ ~ $ ~ 8 8 8 8 8 8 8 8 8 " ~ 18 1$ l~ , IW /',' /, I' (~ I~ I, I' I~ , " I~ ',' (~ I.~ I",' j~ /',- I~ /1.' i, :~ I,', r~ ~ * '*. ',' * 8 ~ i' , :~ ~ -:.:. j I, . I , follow~: I \ \ I. I \ I con~lderallon, re('elpt of which I~ hereby acknowledged by each of the pllrtles hereto, HUSBAND and WIPE, each Inllmdlng 10 be lugally bound hureby, covenllnt Ilnd agree B~ 1. ~DVICE OF COUNSEL HUSBAND and WIFE declare Ihal they have each had a full Ilnd fair opportunity 10 obtllin Independent legal advice of counsel of their ~electlon, WIFE ha~ been independenlly represented by Barbara Sumple-Sulllvun, Esquire. HUSBAND Is cognizant of hi~ right to legal repre~entalion and declares that he has been independently represented by Robert B. Mitinger, Esquire, Each party further declares that they are executing Ihls agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obllgalions and that they acknowledge that this agreement is fair and equilllble and is not the resolt of any fraud, coercion, durcss. undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter. live separate and apart. Each shall be free from all control. restraint, intcrference or authority. direct or indirect, by the other In all respects as If she or he were unmarried, except as may be necessary III carry out the provisions of this AgreeOlent. Each may reside at such place or places as she or he may select. Eaeh may. for his or her separate u~e or benefit. conduct, carryon and engage in any business. occupation. profession or employment which to him or her Olay seem advisable. This provision shall not be taken. however. to be an admission on the part of either HUSBAND and WIFE of 2 the lawfulness of the causes which led to, or resulted In. the continuation of their Jiving apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other. nor compel the other to cohabit or dwell in any manner with him or her, nor In any way Interiere with the peaccrul existence. separale from each other. J. DEBTS Each party represenls that they have not conlracted any debt or liability for the other for which the eslate of the other party may be responsible or liable except as otherwise provided herein. and thaI except only for the rights arising out of this Agreement. neither party will hereafter incur any lIab:llty whatsoever for which the other party or the estate of the other party will be liable. Each party agrees 10 indemnify and hold hannless from and against all future obllgalions of every kind Incurred by them. Including those for necessities. 4. WAIVER OF APPRAISAL AND INVENTORY The parlles acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property. and they do herehy waive a fonnal appraisal and Invenlory of same. and no stutement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON.MARITAL ASSETS HUSBAND und WIFE do hereby acknowledge that they have heretofore divided most of the non-marital assets and marital assets Including but without limitation. business Interests. .1 .. ~ I. I 7. MOTOR VEHICLES The partl'ls acknowledge that the vehicles they currently own were acquired after separation. The parties mutually waive any claims to those vehicles or equity contained therein. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole posstlssion of the bank accounts In their own names. 10. INSURANCE Each party shall retain ownership of any life Insurance policy in his or her name. II. MUTUAL WAIVER AND RELEASE OF RIGHTS AND ,.!:;LAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree thallhe provisions of this Agreement are fair, adequate and satisfactory to them. Bolh parties agree to accept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that I'ither may now or hereafter have against the other for equitable distribution. alimony. alimony pendente Iile, counsel fees. costs and expenses or other provisions for their 5 .. . support ,and maintenance before. during and lifter the commllncement of any proceeding for divorce or ar.nulment between the pllrtlesl 12. AFI'ER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the pllrtles shllll herellfler own IInd enjoy Independently of IIny c1l1lm or right of the other. 1111 Items of personlll property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, 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 I 13. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree thatlhe provisions of Ihls Agreement providing for equitable dlslributlon of marital properly are fair, adequate and satisfactory 10 them alld are accepled by them In lieu of and in full and final satisfaction of any claims or demands thaI either may now or hereafter have against the other for support I maintenance or alimony. HUSBAND and WIFE further, voluntarily and Intelligenlly, waive and relinquish any right 10 seek from the olher any payment for spousal support. alimony and maintenance. 14. SUBSEOUENT DlVORC~ A decree in divorce. entered by a court of compelent jurisdiction to either party. shall nol suspend. supersede or affecI the lerms of this Agreement. BOlh parties IIgree to enter a Consenl Decree concerning the provisions of Ihls Agreement In the Coun of Common Pleas of Clrnberland County. Pennsylvania, or any other Coun of competent jurisdiction, as a pan of 6 .. a resolution of any divorce action filed. This Agreement. and the terms and conditions contained herein, as well as the enforcement of said tenns and conditions. shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent Jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate arrldavlts and consents to sccurc a No.Fault Divorce os may be required by the Divorce Code of 1980, os amended. 15. 9THER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon rcquest or the other party, they will forthwith execute and deliver to the other party, any and 011 wrillen Instruments. assignments, releases. satisractions. deeds. notes or such other writings os may be necessary or desirable for the proper effectuation or this Agreemenl. 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN EST.Am Each party hereby releases. waives nnd relinquishes any nnd all rights which he or she may now have. or may hereaftcr have, against the other party under the present or ruture lows of any Jurisdiction (0) to share in the estate of the other pnrty upon the other party's death and (b) to oct os executor/rix or administnuor/rix or the other party's estate, 17. MUTUAL RELEASE 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 7 .. whatsoever, of and from any and all rights. title and IntereMs, or claims In or against the property (Including Income IInd gllln from property hereafter accruing) of the other or against the estate of such other, of whatever nalUre and wheresoever slluate, which she or he now has or at any time herellfler may hllve IIgalnst such other, the estale of such other or any part thereof, whether arising oUI of IIny fomler aCls, contraclS, engllgemenls or liabilities of such olher or by way of equitable dls,rlbullon, dower or courtesy, or claims In the nlllUre of dower or courtesy of widow's or widower's rlghls, family exemption or similar allowance, or under the Intestate laws, or Ihe right to lake aglllnst Ihe spouse's will. or the right to Ireatll lifetime convey"nce by the other as testamentllry, or all other righls of a surv i v ing spouse to participate In a decellsed spouse's estllle, whelher IIrising under the laws of (a) Pennsylvanill, (b) any State. commonwealth or terrilory of lhe Uniled States I or (c) any olher coul1lry, or and rights which HUSBAND or WIFE may hllve or at IIny time hereafler have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a resull of the marilal relalion or otherwise, except. and only except. all rights and Agreements and obligations of whatsoever nalUre arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs. executors, administrators and assigns, that he or she will never. at any time hereafter, sue the other party or is or her heirs, executors. administrators and assigns. for the purpose of enforcing any of the righls relinquished under this paragraph, Each of the parties further covenants and agrees that he or she will pennit any will of the other to be probated and 8 ~ allow admlnlslrallon upon his or her personal, Nal or mixed estate and allow effecl5 to be taken out by Ihe person or persons who would hove been entitled to do so had HUSBAND or WIFE died during the lirellme of the other. Each of the parties hereby releases, relinquishes and wolves aoy and all right to act as executor or executrix or administrator or administratrix of the other's estate. II is the inlentlon llf HUSBAND and WIFE tll give tll each other by the execution of this Marital Selllement Agreement a full, complete and general release with respect to any and all properly of any kind or nature, real. personal or mixed, which the other now owns or may herearter 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 thereof. 18, SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and Inure to the benerit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 19. SEVERABILITY If any provision In this Agreement Is held by a court of competent jurisdiction to be Invalid. void, or unenforceable, the remaining provisions shall nevertheless continue In full force and effect without being impaired or invalidated In any way I 9 . 20. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the represerllatlons. promises nnd Agreemenls mode by either of them to the other for the purposes set forth in the preamble hereinabove: that there ore no claims. promises or representations not herein contained, either oral or wriuen, which sholl or may be charged or enforced or enforceable unless reduced 10 wrillng and signed by bOlh of the parties hereto. 21. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain In full force and effect unless and untiltennlnated under and pursuant to the tenns of this Agreement. The failure of either party to insist upon strict perfonnance of the provisions of this Agreement shall not be conslrued as 0 waiver of any subsequent default of the same or similar nature. nor shall slJch failure be construed as a waiver of any other tenn, condition. clause or provision of this Agreement. 22. BREACH If either party breaches any provision of this Agreement. the olher party shall have the right. at his or her election. to sue for damages for such breach or seck such other remedies or relief 05 may be available to him or her. and the party breaching Ihis contract shall be responsible for payment of reasonable legal fees and costs Incurred by the other in enforcing their rights under this Agreement. 10 I, , " ," \1 I , " -,. .::. f', I (.,'. \,..; lJ!' . ( \ ..,.. 11'\ ' ~,c " '1 ;,1 (JJI, I t,) '-,l'. r" I'i/) iI' . .... r':l , I 1.";.1' \ I' L'~ ,(j.. 'I " . \,., :.1 u ..,) U " 'i I " " " ,', , I,! , " ,I " " " , ., " , , ., I" , , ", I' " ,,' ... SI .. o ~ S ~ i I ~ II ~ ~ I , ~~~ ~ I ~ I " .. 6. The parties separah:d on Jalluary 15, 1993, and havc Hved scparate and apart since hat date, 7. There have becn 110 prior IIctluns for dlvorcl! or annulment between the parties. 8, 'fhl! mllrrlllgl! Is Irrclrlevllhly hrnkl!n. I 9. Plaintiff hus hl!l!n IIdvlsl!d lhlll counslllling Is IIvllllabll! and thllt plaintiff may haw lhc rlghtlO rl!l\ul!st lhlll the cllurl rC'Iuirl! Ihl! purllcs 10 pllrtlclpllte In counseling I II II I 10, Neltlwr 1'IIIIIIIIff '''"' Ildl!lllluIII Is In thl! mllitllry or nllval scrvlce of the United I ~tates or Its 1I111l!s wllhln Ihl! provlslulls uf Ihe Soldll!rs' IInd SlIlIors' Civil Relief ACI of the ' ~ongress of 1940 und Its IIl1lendl1lellls. I I wnERIWORE, !,lnlllllH re'lUl!SI Ihls Court to enter a decr~ in divorce In accordance / / ,with Sl!ctlon J.IOl(d) IIf Ihe Pennsylvunlll Divorcl! Code, "- I ! II Pllllld: July 10, 199/\ ~~ S'mp[~S,lIi"'. E",ire Attorney for Plaintiff 549 Bridge Street New Cumberland. PA 17070-1931 (717) 774-1445 Supreme Court LO. No. 32317 2 I I I I ~ ," J yl f' " 0:/ ." -J v1 I" ~{' .. i.(. 'J\ f1-' ~. It) e 'I ~:~ 1;3 ,~ ~ ~:: el, 'F' \.; ,~ [~II .~ I' " ~ Q < ! .. ::..:It ..... c.. , ~ ' -,6) II .... ",' ~,~~ I' I <:.) 'n ' , '" c.n d t ~ ~ , i ,I , I I' ~ Sl ~ , ~ g, , ~ ~ I , I' ~q " " ~ I ; , , " ," " " " " , " , , " " , , , . " tr' !i ~ ','1 (" Cfl ',,;-; .'C: .." I} e,l-; 6\ :,">; J-, [ . '. , .,. ,'~' ~'i' ;ij; i' ), , '(I " . ".. /" CJ "~1 - I~~ I ~ fI'" 1:':" J.. " .Url! (, t" " II, . " lJ IJ:. a ~' i (J) ! ~ i i I' ! Uj ~ ~ ~ i I ~ 1"1' " , , \'1 , II 1\ " " " , I ~ ~ , ,... ~ n ...... I, ,",,' '. '----' ,----- ..~ ~HARON LEE BRUMBAUGH, I Plainliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 96-3922 AMES EDGAR BRUMBAUGH, Defendant IN DIVORCE ! COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I ~, Check either (a) or (b): k (a) I do nol oppose the entry of a divorce decree. Ii I j- (b) I oppose the entry of a divorce decree becal1se 'I I (Check (i) (II) or both): I I! II - (i) The parties to Ihis action have not Ii ved separate and apart for a period of at least two ~ears, ! I (H) The marriage is not Irretrievably broken. I ~,-Check either (a) or (b): I~ : (a) I do not wish to make any claims for economic relief. I understand that I may lose lights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them ! efore a divorce is granted, I b (b) I wish to claim economic relief which may include alimony, division of property, ! I awyer's fees or expenses or other important righls, : I verify that the stalements made in this counter-affidavit are true and correct. I undersland I ,hat false statements herein are made subject 10 the penalties of 18 Pa,C,S, Section 4904 relating I/o unsworn falsification to authorities, ,I II Ipaled:~ Ii II , i ~OTlCE: If you do not with to oppose the entry of a divorce decree and you do not wish to I Fake any claim for economic relief, you need not file this counter-affidavit. I I I ~?~~~J#~ J MES EDG R BRUMBAUG . Defendant . . .~ ,. v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.3922 HARON LEE BRUMBAUGH, Plaintiff AMES EDGAR BRUMBAUGH, Defendant IN DIVORCE COUNTER.AFFIDAVIT UNDER SECTION 3301(11) OF THE DIVORCE CODE Check either (II) or (b): (a) I do not oppose the entry of II divorce decree, I (b) I oppose the entry of a divorce decree because I i, (Check (i) (Ii) or both): i I _ (i) The parties to this action have not lived separate and apart for a period of at least two rears. 1_ (Ii) The marriage is not irretrievably broken, i f' Check either (a) or (h): ~ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights conceming alimony. division of properly. lawyer's fees or expenses if I do not claim them ~efore a divorce is granted, I: i ~ (b) I wish to claim economic relief which may include alimony, division of property, i ,awyer's fees or expenses or other important rights, I verify that the statements made in this counteraffidavit arc true and correct. I understand ! !hat false statements herein arc made suhjectto the penalties of 18 Pa,C.S, Section 4904 relating 10 unsworn falsification to authorities, I~" " <.,," l ipated: '. , .' . " ! II ! , NOTICE: If you do not with to oppose the entry of a divorce de,ree and you do not wish to ! rake any claim for economic relief, you need not file this counteraffidavit. I' ,I , ".- r,:' (: j.'- - . I .. L~f. , U.I' v: t J ~.J ( ~ ~ , : ~~ I,"~. ' ' ,,- ,>j ~l:: . -~. , J "':1 1,1'li ,.- . . "I, , . 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"equellld" on ~ "".llpltce below tht ,rticNi I\Umbtr . _ The" "tce6pt vrillhQw 10 w~ ,rtkll w.. d.lll/.r.d .nd the d.11 My d. Conault PO, 1m..." lor ,... . Artlclo Add,..tod 10' 4., Article Numbe, James Edgar Brumbaugh P 377 421 617 P . O. Box 1 52 4b. Sorvlc. Typ. ktngov111e, PA 16856 0 Regltlerod )(,Corllflod o bp,... M 7. Oete 0' I .110 wl.h 10 ..cllv. tho lollowlng ..,vlc.. 110' In lXII", 1..1: . 1. 0 Add'.....'. Add'..1 2, )(R..trIClod Dollvlry ,I f I I f J _I tcuOltod J 8, *U.I, GPO! ,... at tal