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HomeMy WebLinkAbout00-00387 ~ ." . DARLENE M. BRIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - 387 CNIL TERM JEFFREY BRIG, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above-captioned Defendant. Respectfully submitted, Dated: '2--/1-/ CJO cc: Kirstin M. Garrett, Esq. c: rr 0", III ;+ ~'< ~r _"'0 "J- ;::l> ~"U -...! CD ., .......... :::J, """.". J:::>,:(flm w'<, . I<r- '-I III __ (0,::;] ,0'" ~ffi.'~" ~'< "J)> 0< ~'" (J)::J c '" ~ " =\"'.~ '.8. '< 3lI'D (j) ,'..... o'lll 55:l ~.o. 0., Q !XI "0,.." S~ro gj,::E o :l ". 0) ~ >- t;: ~~~ c..;.J.~ ::~)::j "->>- :-- :-:~):2 .-",-;><, ;]~, f.e '::s () '(Y) .,..... c.1: i';'.J I ~, U. 'L,- C) C-=:, '" '\ ..", ,Kqy~randBr()wn A ProfessionalCorpbration Liberiy Loft. 4E.Liberty AvenuEj 0 Carlisle; pA 17013 (717)243-7922 " ",. . "'. 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", it is ordered and DARLENE BRIG I . rff decreed that .................................................. p arn I , and. .. . . .. . . .. . . . .J~~~~.~:. ~~~~.. .. ... . .. . .. . . . . .. . ., .. . . ". 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; The attached Separation and Property Settlement Agreement .......................................... .....-.........................., .C!~~~~. .~1;l~'y. .1. ~! .~qo~.I. .~? .i.~c::'?~)?<?~~~.e.q I. . ~.i.t;l:).'?!l.t. .1!l~~.(J:!~:t;', . h~:t;'~;i.I'\". . By The Co U r t : . Allest: Prothonotary ~~ ::.::.::.::: .::-::.::<:: .::+::.. .::-::.:.:: :.::.:.-:' :::.::.::. '.::.:." ::'::+:.':. >::+::"'- :',.::.:.-' :.>>:.,,: ':'.:+:~,:, :.:+:.;:: :<.:~:" .::.:+::~;:: '~.:+:( :.::.::.,;: :::-::c< "::<<:~;,: -.:+;;:: :'.::.>" ~.::.:~; ".::.:.'--"'.::.::.-'--.::.:." '::.::.,".::.:. ~.s ~ ~ ~.s I ~.~ * ~ ~ ~.~ i ~.~ ',..' t:" ~ ~.~ ~ ~.; I i ~ ~ ~ ;..~ ~ f.~, M ~.~ ~":~ I ~'.~ ~ 8 ".", ~ ".,;; ",.", ~ ,~.~ N I ~.~ ~ ~:~ ~ ~ ~.~ ~ ~ j, ~.~ ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.~ J. 8 s ~ ~ '.' - - -; I~" -,;'; - ' lit',:, '. , , 1 DARLENE BRIG, , IN THE COURT OF COMMON PLEAS OF , Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant : PREVIOUSLY ASSIGNED TO: J. OLER SEPARATION AliID PROPERTY SE'l'TLEMEliI'l AGREEHEliI'r THIS AGREEMENT, made this ~ day of .;:fVL'j 2000, by and between DARLENE BRIG of Carlisle, cumbeJland County, II penn~YIVania, hereinafter referred to a~ Wife~ ~nd JEFFREY BRIG of i Carl~sle, Cumberland County, Pennsylvan~a, here~naf~ ~fe~ed to c ,-- as Husband, WITNESSETH THAT: 2~~\ ;~ ~\,;;' WHEREAS, Husband and Wife were married on A~~l 5~ 19)~ in ~r.". 'C".-) =;:! ~'r\ - -r:! -'- ::0 West Berne, Albany County, New York,' and ?-c:c ::;< Qt) .o-f_-rn ~O i'J -"C .' "" WHEREAS, Husband and Wife are bona fide resiJents> 03lJ the ::z \.0 -< Commonwealth of pennsylvania and have been so for at least the past six months~ and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband I and , , I Wife since January of 2000~ and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code~ and . ", I' ~,-,! ii ;1 WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the I resolution of their mutual differences, after both have had full \1 II and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations 'I )( II ;j il II Ii II II 1\ I, !i i , I I I I I I 1 I I contemporaneously therewith, Husband was represented by James Kayer, Esquire, and Wife was represented by The Law Offices of Patrick F. Lauer, Jr., Esquire, each of whom have given a full explanation of the same to their respective clients; and WHEREAS, there are two dependent children to the marriage, namely Timothy Raymond Brig, born July 9, 1986; and Caitlynn Eileen Brig, born August 23, 1988; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 - . ~" ARTICLE I - SEPARATION 1.1 S9Daration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes lea~ing to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by , a i I reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have ARTICLE II - DIVORCE 2. 1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition 3 ~ ' I Iii~'.l"'{- , to this agreement, to execute the necessary divorce consents required by Section 330l(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing I Husband and Wife to execute the Agreement. I knowingly and understandingly hereby waive any and all possible I I claims that this Agreement is, for any reason, illegal, or i I I unenforceable in whole or in part. i I warrant, covenant and agree that, in any possible event, he and she , ! I are and shall forever be estopped from asserting any illegality or lunenforceability as to all or any part of this Agreement. , , ! Husband and Wife each Husband and Wife do each hereby i 2.2 Final Resolution. It is further specifically understood i land agreed that the provisions of this Agreement relating to the I equitable distribution of property of the parties are accepted by I I each party as a final settlement for all purposes whatsoever. ',Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, I; !i each of the parties to this Agreement hereby consents and agrees ':that this Agreement and all its covenants shall not be affected in . any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision 4 -.-- ~ ..~,:.d : ~ thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 IncorDoration of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be I incorporated or whenever' by reference into any divorce, judgment or decree if sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of I the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; i i; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including 5 "" ~, c - ,I ;i.\il. ""-""', but not limited to medical, retirement, insurance or other benefits~ the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker~ the value of the property set apart to each party~ the standard of living of the parties established during their marriage~ the I economic circumstances of each party, including federal, state and i local tax ramifications, at the time of the division of the 1\ iiproperty is to become effective~ and whether the parties will be 11 " l' i! serving as the custodian of any dependent minor children. !, Ii 3.2 Satisfaction of Riqhts of Eauitable Distribution. The Ii II division of existing marital property is not intended by the I! parties to constitute in any way a sale or exchange of assets. The lidivision of property under this Agreement shall be in full i I satisfaction of all rights of equitable distribution of parties. I 3.3 Relinauishment of Claims. Husband agrees to relinquish Ilall claims to any assets that may be acquired by Wife prior to the ,\finalized divorce decree, and Wife agrees to relinquish all claims . ,to any assets that may be acquired by Husband prior to the "finalized divorce decree, except as may be otherwise set forth I"h . ;; ere~n. 3.4 Marital Residence. Wife agrees to transfer to Husband . exclusive possession of the marital residence at 151 Pine Hill Road, Carlisle, Cumberland County, Pennsylvania 17013, and Husband I; 6 ~ . -id ~_', i ~ "_ 1~, \. shall have sole and exclusive possession thereof until both children of the parties are out of secondary school. At that time, the parties agree to list the property for sale with Walker Realtors, their successors or assigns, or such other listing agent as the parties may mutually agree. The parties agree to accept and follow the reasonable recommendations of the realtor with respect to the most appropriate method of selling the property. Upon sale I of the property, the parties shall equally divide the net proceeds il ! I of the sale, after usual, reasonable, and necessary taxes and costs I of 6ale. Husband shall have first option to claim the mortgage interest deduction each year~ unless Husband chooses to utilize a standard deduction, in which case Wife shall have the option to claim the mortgage interest deduction. The parties shall if necessary at any time make, execute, and deliver any and all documents in the usual form effecting such transactions. 3.5 Personaltv. The parties have agreed between themselves to a division of all household furnishings and personal property . which would be considered "marital property" under the Penn6ylvania I , , Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the i lother spouse shall be that spouse's sole and separate property, ieach party hereto specifically releasing any claim he or she may ! ;i ihave with respect to such items. The parties further agree that, I 7 , i I I , '-,:1.. " M-"~ as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. The parties specifically agree I to the division of miscellaneous personal property as set forth in , I Exhibit "A" attached hereto and incorporated herein by reference, I and acknowledge that each party has already recieved possession of : I the items set forth therein. Husband further agrees to pay to wife Ii the amount of $1,928.50, representing one-third of the net balance !I I!of the marital checking and savings accounts of $28,529.61, less advances of $7,581.37, provided that any expenses attributable to i Wife on the May 2000 Visa bill shall be deducted from the $1,928.50 , I i figure, as will amounts billed by the parties' respective attorneys I and a bill from Aetna Insurance Company for Wife's prescriptions in I i I the amount of $90.71. See Exhibit "B" attached hereto and incorporated herein by reference. 3.6 Retirement. The parties specifically warrant that the only retirement account, plan, or program in which they may have an ownership interest is the EDS Retirement Plan of Husband. The ! parties agree to equally divide the marital portion of the EDS Retirement Plan of Husband pursuant to the proposed Qualified 8 ...1 ~ " . ~ ,I ,"-,' ,-' ~ .'.- Domestic Relations Order attached hereto as Exhibit "C" and incorporated herein by reference. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts through January I, 2000. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after January I, 2000, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, ! debts, or obligations in the name of or against each other. 4.2 Mortaaae. Husband agrees to maintain, insure, repair as reasonably necessary~ to keep the mortgage, utilities and any assessments current on the marital residence~ and to pay all costs , I associated therewith through the date of settlement on the property I as envisioned in paragraph 3.4 above. Wife agrees to pay one-half 9 1ilI...:. 1- -~, -~-i I I I I I I I I I I I \. of any repair cost, maintenance cost, or municipal assessment to the extent such cost or assessment is incurred within three years of the date on which the property is listed for sale, provided that Wife .hall be .iven .dv.~e notice. t"" j.. [,.J.,U'~ ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimonv. Pursuant to this Agreement of the parties, Husband shall pay unto Wife alimony in the amount of six hundred dollars ($600.00) per month, commencing March 1, 2000, and continuing on the first of each month for a period of forty~seven months thereafter. It is the intention of the parties hereto that I such alimony shall be included in the taxable income of Wife and I shall not be included in the taxable income of Husband. Remarriage or cohabitation with another person who is not a family member shall terminate the agreement to provide alimony. Wife acknowledges having received payments of $600.00 for the months of March, April, May and June 2000. See Exhibit "B" attached hereto and incorporated herein by reference. 5.2 Child SUDDort. Husband shall pay directly to Wife child support for the parties' minor children in the amount of $500.00 per child per month, commencing March 15, 2000, and continuing on the 15th of each month until such child is eighteen (18) years of age, or until the child has graduated secondary school, whichever 'is later. Husband shall be permitted to claim the children as a 10 'i ""I ''''~,i deduction for income tax purposes and, if appropriate, to file as head of household for having provided for the children accordingly. Wife agrees to execute any documents customary and necessary to effect such a transaction. Wife acknowledges having received payments of $1,000.00 for the months of March, April, and May 2000. See Exhibit "B" attached hereto and incorporated herein by reference. 5.3 Post-Secondary Child SUDDort. As of December 31, 2000, the parties were the joint owners of checking and savings accounts with EDS Credit Union, having balances as set forth in the statements attached hereto as Exhibit "B" and incorporated herein by reference. The parties agree that one-sixth of the balance of said accounts, after the payment of all unsecured marital debt, including the attorneys fees of each of the parties, namely $4,754.94 shall be transferred by Husband into an account in the name of Darlene Brig and Jeffrey Brig in trust for Timothy Brig (PUTMA)~ and one-sixth of the balance of said accounts, after the payment of all unsecured marital debt, including the attorneys fees of each of the parties, namely $4,754.94, shall be transferred by Husband into an account in the name of Darlene Brig and Jeffrey Brig in trust for Caitlynn Brig (PUTMA), to be held in separate trusts, requiring the signatures of both parties to withdraw funds, for the benefit of the children, in equal shares, until the i beneficiary reaches twenty-three (23) years of age. Each child 11 .. - - , , , ,-.I .~-", already has a savings account with an approximate balance of $1,000.00 as set forth on Exhibit B, which accounts Husband, on behalf of both parents, shall provide to the children at the age of 16 of each child. During the term of any trust created pursuant to this paragraph, the trustees are authorized to expand and apply so much of the net income and principal of each such trust as the trustees shall both consider it advisable for the health, maintenance, support, education, including college education, I graduate school, purchase of a residence, or payment of debts for each such beneficiary until he or she attains twenty-three (23) ,jyears of age, or until all such amounts are paid out of trust. No I: trustee shall be required to give or post bond for the faithful Ilperformance of the trustee's duties in this or any other Ii 'i jurisdiction. II " " ., II II I!that should either of them be in breach of contract and fail to '( comply with the terms of the Agreement herein the breaching party AR'UCLE VI - MISCELLANEOUS PROVISIONS' 6.1 Attornevs Fees upon Breach. Each of the parties agrees shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they : 'have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and 12 I " " ., _.J '~- ~ '.. _.' ..-1 '__il...1>> ... accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. The parties agree that each parties' attorneys fees will be paid from joint savings and/or checking as indicated above. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 6.4 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 times to come and for all purposes whatsoever, of and from any and all right, title, 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 has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of 13 ~ - .'~' - ""', -.1 dower, curtesy, 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 will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all 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, costs or expenses, whether arising as 1 ! a result of the marital relation or otherwise, except and only , ii except, all rights and agreements and obligations of whatsoever :inature arising or which may arise under this Agreement or for the I t breach of any thereof. It is the intention of Husband and Wife to I' !Igive each other by execution of this Agreement a full, complete and \igeneral release with respect to any and all property of any kind of II "nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and , i:agreements and obligations of whatsoever nature arising or which I, I, ::may arise under this Agreement or for the breach of any thereof. " : Both parties acknowledge that they have been advised that each may "have the right to assert a claim for spousal support, alimony, "alimony pendente lite, attorneys fees, costs and/or expenses. 14 'I ~ .... ,",I ,~' .~""-! Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be I responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of 15 1oiI' ~ i,_ "" i'__', \. the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. I, Ii II , , , accordance with the laws of the Commonwealth of Pennsylvania which 6.8 Governina Law. This Agreement shall be construed in are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, success'ors, and assigns. 6.10 Entire Aareement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth \ herein. I 6.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to ,be void or invalid in law or otherwise, then only that term, 'condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid 16 ~~ ;,:,~, ""L-_. ,! I and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter. the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6~12 Eauitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv and Consideration. This Agreement shall I survive any action for divorce and decree of divorce and shall ! forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual ! : benefits to be obtained by both of the parties hereto and the I 17 . - ,', -.,1-,: '" 'l\!iJ~"-' , , covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the I i parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the II Agreement, the breaching party shall be responsible for any and all \ \ attorney's fees as well as costs and expenses associated with ,r !! litigation incurred by the non-breaching party to enforce this ji .' jl Agreement against the breaching party. 'I II IN WITNESS WHEREOF, the parties hereto have set their hands I II and seals the day and year written. I ! WITNESS II 'I II " ! " 18 ~.. . ' . EXHIBIT D 4.2 Mortgage. For major repain greater than SSOO (e.g. - roof repair) wife agrees to pay one-half of the repair or replacement cost, regardless of when tlie cost is incurred, provided that Wife shall be given advance notice. I Da_l,~ . ~Brig-B~~ ~fd~ --,,--1."<:-- J"_ ~"""- . -~ -, ~ I r"",," , ~' ' ~"": . " . " . DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREVIOUSLY ASSIGNED TO: J. OLER . CONSENT ORDER AND NOW, this day of 2000, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of written consent of the parties, pages and bearing the 'AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: I I, II Distribution: , I James J. Kayer, Esq. \! Matthew J. Eshelman, Esq. , =1 Ii J. i I I - "- , ._ J-" ~... . ' ~ . . '. DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREVIOUSLY ASSIGNED TO: J. OLER . STIPULATION WHEREAS, the parties have born to them two children, namely Timothy R. Brig, born July 9, 1986, and Caitlynn E. Brig, born August 23, 1988, the Children hereinafter; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, the children has resided in Cumberland County, Pennsylvania for the past six months, thus giving this Court jurisdiction; THEREFORE, this J~Ttt day of :JUl'/ 2000, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties shall share legal custody of' the Children. Without prejudice as to the rights of the parties, the permanent mailing address for the Children shall be the address of the parent I which is located within the school district attended by the children. The children currently attend the Carlisle School District. In the event both parties live within the children's school district, the parties agree to determine a "permanent lmailing address" for the Children at a later date as necessary. I 2 ]: " ,1- .~. . I I .. 4 '. 2. The parents shall share primary physical custody of the Children, subject to the following schedule: a. Beginning April 30, 2000, Mother shall have primary physical custody of the Children, from 5:00 o'clock p.m., and extending through 5:00 o'clock p.m. on Sunday, May 7, 2000, and alternating every other week thereafter; b. Beginning May 7, 2000, Father shall have primary physical custody of the Children, from 5:00 o'clock p.m., and extending through 5:00 o'clock p.m. on Sunday, May 14, 2000, and alternating II every other week thereafter; " II 3. The parties have agreed to a holiday schedule as follows: " Ii a. The parties have agreed to alternate the following major holidays: Easter Day, Independence Day, Labor Day, Thanksgiving Day, and New Years Day, with Mother having Easter Day in 2000, and alternating between the parties with each holiday in succession \ \ thereafter. b. Christmas holidays shall be shared in two segments: Segment A shall occur from noon on December 24th and 'extend through noon on December 25th. Segment B shall occur from noon on December 25th and extend through noon on December 26th. Father shall have : i Segment A in 2000 and all even numbered years thereafter; and " ![segment B in 2001 and all odd numbered years thereafter. Mother shall have Segment B in 2000 and all even numbered years thereafter; and Segment A in 2001 and all odd numbered years thereafter. 3 'C "~ ,1,-. '~-'i . "4. ~ " . ,. f. c. Each year, Mother's Day shall be spent with Mother, and Father's Day shall be spent with Father. d. The time for the holiday custody periods shall be from 9:00 a.m. until 9:00 p.m. In the event that a weekend adjoining a holiday and the holiday itself are both scheduled for a given parent, the two periods shall merge into a single custodial period. 4. Each party shall have two uninterrupted weeks through the summer vacation, which weeks must be exercised consecutively. Notice of when the party intends to exercise his or her summer custody schedule shall be provided to the other party no later than thirty days ahead of time. 5. Holiday schedules shall supersede both the regular custodial schedule and the summer vacation schedules. Vacations shall supersede the regular custodial schedule upon notice as provided above. 6. The parties shall share transportation responsibilities for custody transfers as they may agree. In the absence of any such agreement, the party receiving custody shall be responsible for tranportation. 7. It is the intention and desire of each of the parties i I that this Stipulation be confirmed as an order of court, without ! requir' g t eir presence before the court, pursuant to Rule 1915.7. ", ---::2ln, aU. ~. ~. Esq. ~~rg '0 4 Ii ~ ,'~ -. .J" ~_,'C'''~M_ "", ~'.,.- ~, = '" .- ., , ,-"'" . ., ,. 0 0 0 c: C) "T1 :s:: J>> -; -0 eo c:: -':.." m-rn en ;11p Z:JJ I -""""1m' 6j~ co :56 0 ~\5 .... -0 I:::ji ~o ::s:: 0..' 20 50 N om ~ 0 ~ \0 -< . t DARLENE BRIG, Plaintiff v. JEFFREY BRIG, Defendant AND NOW, this ,~ ~.. I --.i."'.' Ii J,,~ ;i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 2000-387 CIVIL TERM ORDER OF COURT Ie tlrtay of February, 2000, upon consideration of the attached letter from Kirstin M. Garrett, Esq., attorney for Plaintiff, the hearing previously scheduled for February 10,2000, is cancelled. Kirstin M. Garrett, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011 Attorney for Plaintiff James J. Kayer, Esq. 4 Liberty Avenue Liberty Loft Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, t) J esl~y Oler, ~ () J ,~~ ~-/J/-O() RK..3 0 c:, () c: C) "r-) s: -,., U c.-: IT1 ". m L:, "J) , T) Z r'<;: r--" Z ,"',-; (0 ~l-~: ;:-:) -< .c"__ ,.,' , ~ CJ ..".'- ':;J ~" .~D c , -1"; ;?: Cl :J;;:: " " '--, Cl > c:: I";? C) i" L I'.;) 5-:;! :;? ~:; (,., -< ," I=_~ - FEB-10-00 11:37 AM 7287425 3 52837 57 , . 7177634247 P..12I2 THE LAW OFFICES OF PATRICK. F. LAUER, JR. 2108 MARKET STREET. AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 (717) 783-1800 FAX (717) 7&:H247 1-800-B22-4-LAW 932 N. Second Sueet Harrisburg, PA 17102 (717) 232-7147 .4.:0 iAte Coaasel Matt.hew J. Eshelman, Esq. Kiratin M. Garrett, Esq. (BepIy to Camp mn Address) 8 S. Hanc>ver Street Carlisle, P A 11018 (717) 249-81171 February 10, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Brig v. Brig Docket No. 2000-387 Civil Exclusive Possession Hearing scheduled 2/10/00 Dear Judge Oler: A Petition for Exclusive Possession of the marital residence in the above referenced Case was filed by undersigned counsel on January 20, 2000. A hearing was subsequently scheduled for February 10, 2000 at 11 a.m.. A conference was held in my office on February 8, 2000, with all parties preeent, at which Mr. Brig was represented by James Kayer, Esquire. At this conference, the parties we able to come to an agreement regarding possession of the marital residence. Accordingly, I am respectfully requesting that this petition be withdrawn. If you should have any questions or concernS, please do not hesitate to contact me. Very truly yours, . (-1;1/(0". I//? (/..:. 1/-- Kirstin M. Garrett, Esquire cc: James Kayer, Esquire Darlene Brig file --~ "-h1alllf'!lI'MO'I;;, DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000-387 Civil . . . JEFFREY BRIG, . QUALIFIED DOMESTIC . Respondent . RELATIONS ORDER . PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the Petition for Alimony Pendente Lite, Interim Counsel Fees, and Expenses in the above referenced divorce as the issues have been settled. Respectfully submitted: Date: 7,b~/(JD I cjtJ::rA.1!!r!1;~re Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 83801 Tel. (717) 763-1800 i 'Distribution: James J. Kayer, Esq., 4 Liberty Avenue, Carlisle, Pennsylvania 17013 Kirstin M. Garrett, Esq., 2108 Market Street, Camp Hill, Pennsylvania 17011 ;1, "~~i7~Ue\i\'Iii~Ik!J~~~~I~~Il-$:~I'r'-~ [ il "~ -~ ... ~ 00-- ,_r-' ,,_ jj lli...Jl[i .:.. !fJ :r -~> 1 e <::> 0 0 -n :s:: :3l: ,-, ""'OCD .". .~T:11 mm ::u d1'[= Z::o z. N :Q04 (f) ~"'" .;:- ,-~~ '-...... -<~;:: r) , r:::.o "",0 -0 ~-rl ,.... ?:s :U ZO :J: '::':'1"0 5>8 ~ om ~ N ~ en -< ~" ' .' DARLENE BRIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : No. J4O?J 3&'7 C;vJ : CIVIL ACTION - LAW : IN DIVORCE JEFFREY BRIG, Defendant ORDER SCHEDULING HEARING AND NOW, this 7.sttday of 12..)7"?-"1 2000, a hearing on the above-captioned matter relating to the issue of the right to reside in the marital residence and the exclusive possession thereof is hereby scheduled for the /tJ:t:IL day of ~~ 2000, at I/:()/) o'clock ,z,.m. in Courtroom Number I , of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT D? c:3 .~~ / -J'l-OO RK3 J. >- N >-- 0:: ~.~ lD r'- ,,," ;< i S~ r'. :'!I: '-' ',.. L:L [.;'': i C) Q::. r-- '->.., N ~: ~J -"1-' .",,-.. .~ ~ c- """) u.. 0 0 0 , itt~ DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . No.~fJ!D_ 387 VB. . UW . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant : IN DIVORCE ORDER AND NOW, this day of 2000, the I Plaintiff, Darlene Brig, is hereby awarded the exclusive right to , reside in the marital residence, with the furniture and household , ; items therein, until such time as this Court may make a final Order of Divorce and Equitable Distribution. Jurisdiction over this, and all other issues raised in this matter, is retained. BY THE COURT: J. I , DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . No.;}alJ 367-~ vs. . . . . JEFFREY BRIG, - CIVIL ACTION - LAW . Defendant . IN DIVORCE . PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A. ~ 3502(01 The Plaintiff, Darlene Brig, by and through her attorney, Kirstin M. Garrett, Esquire, respectfully avers the following in support of her petition for the exclusive right to reside in the marital residence: 1. The Plaintiff, Darlene Brig, is an adult individual who currently resides at 151 Pine Hill Road, Carlisle, Pennsylvania 17013. 2. The Defendant, Jeffrey Brig, is an adult individual who currently resides at 151 pine Hill Road, Carlisle, Pennsylvania 17013. , 3. A Complaint in Divorce was filed with the Cumberland County Prothonotary's Office on January 21, 2000. 4. As of the date of the filing of this Petition, the Court has not yet ruled upon the divorce of the parties. 5. Pursuant to 23 Pa. R.C.P. S 3502(c), Plaintiff requests that she be granted exclusive possession of the marital residence for the following reasons: I ~~' a. The Defendant can more easily establish residence elsewhere than the Plaintiff. b. The Plaintiff would receive greater benefit in remaining in the marital residence than the Defendant. c. The Plaintiff is and has been unemployed for fifteen years, the entire length of the marriage. d. Plaintiff and Defendant have two children who currently reside at the marital residence. e. The parties can no longer amicably reside in the same residence. WHEREFORE, the Plaintiff, Darlene Brig, respectfully requests that this Honorable Court grant her the exclusive right to reside in the marital residence, with the furniture and household items therein, until such time as this Court may make 'a final Order of Divorce and Equitable Distribution. Respectfully submitted, Kirs n . Garrett, squire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 83801 Tel. (717) 763-1800 Date: l/l~/(fD ~..:.' DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUlilTY, PENNSYLVANIA . : No.;2f01J 31;1 ~ (} yJ vs. . . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. Dat1M J t.JfJIJO Sign.t~:;~ NE BRIG --'ii' DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : va. . No.;2m /3137 Ow . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A. S 3502(c) upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of CIVIL Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid 'and addressed as follows: Jeffrey Brig, Defendant Pro Se 151 Pine Hill Road Carlisle, PA 17013 Respectfully submitted, rt~ tin M. Garrett, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID* 83801 Tel. (717) 763-1800 Date: ~ < >- CJ ~ n;: N ~.L.: ., ::-J <(. n - 0= ~!;~ - O~ ~ ::'- ""'" ":J"~ ~:;;;~5: - :':--,"'0) ~7~ ;~~~ N ,:JZ '-''', ecz 5:: ~i:~ :;.-: l.U-uJ et:;O: 0)0- ~ ...., ::a: " c:> ::J c; 0 0 ~ ei is: 11 0;T;1 "" 0 8 ~ ..:i " .. ~ " <oil ell :g 00 ~ ~ "7 'S '" t' <Il '" r,.;; r- E ::E u ffi ~, ~ <l> r- ~ N ~ U ~ - <C C iii < '" u ~ =- , .' < - , 0 . PATRICK F. LAUER, JR. JAN 2 .( 200Q Attorney at Law . ,,_I .. 2108 Market strel:t \; I . Aztec Building Camp Hill. PA 1101l (717) 763-1800 -- ~, ' 'I "" ~""~, ',''';'~. ",'.-,'-'- ,. 'n' ",,'-~ ,--~ ".,."."".,,,..~. ..-." -'.~"'"'''_~;_."'"1''~''' """-""~""'-""""',"~,~,.,.,~,.,."",W!' ,'-","-'''' e" ','," -"~--~'----',--c--- n"1 ' , .~ DARLENE BRIG, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DR * JEFFREY BRIG, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY ~ ' A1 o?a2:5 - 3f?? ~ ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before on for a conference, after which the conference order for Alimony Pendente Lite be entered. YoU are further ordered to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including W-2 's as filed. 2. your pay stubs for the preceding six (6) months 3. the Income and Expense statement attached to this order, completed as required by Rule 1910.11(c) 4. verification of child care expenses 5. proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, president Judge Mail copies to: Petitioner Respondent Kirstin M. Garrett, Esquire Date of Order: Conference officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCJ:ATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANJ:A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about i accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I i'~; DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : (]t/tfl vs. : No.~m -.380 . . JEFFREY BRIG, CIVIL ACTION - LAW Defendant . IN DIVORCE . PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES. AND EXPENSES AND NOW, come Petitioner, Darlene Brig, by and through her attorney, Kirstin M. Garrett, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Darlene Brig, an adult individual currently residing at 151 pine Hill Road, Carlisle, Cumberland County, pennsylvania. 2. Your Respondent is the above-named Defendant, Jeffrey Brig, an adult individual currently residing at 151 Pine Hill Road, Carlisle, Cumberland County, pennsylvania. 3. Petitioner's date of birth is August 19, 1957, and her . social security number is 114-54-6610. 4. Respondent's birth date is October 23, 1958, and his social security number is 132-50-6981. 5. The divorce acti6n filed to the above-docketed number in the Court of Common pleas of Cumberland County requests a divorce based upon Sections 3301(c) and 3301(d) of the Domestic Relations Code. 6. Petitioner has employed counsel and will incur costs and expenses in pursuit of the aforementioned divorce action but is without sufficient assets or income to support herself, pay her I -- ,~ ,~_, ~" .. I " " .. attorney's fees, or the cost and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets to support the Petitioner and to pay alimony pendente lite to Petitioner, as well as payment of her counsel fees, costs, and expenses. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of alimony pendente lite, interim counsel fees, costs, and expenses in this matter. Respectfully submitted: ir tin M. Garrett, Esquire Attorney for Plaintiff/Petitioner Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 83801 Tel. (717) 763-1800 I !)A) j)) Date: ~ DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . NO.;ooo -387 (}p-JJ vs. . . : JEFFREY BRIG, : CIVIL ACTION - LAW Defendant . IN DIVORCE . VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Sign DRS ATTACHMENT mmLlHL J:ifttI.JIl;EEDINGS RESPONDENT: Jeffrev Brio DOB: 10/23/58 SSN: 132-50-6981 ADDRESS: 225 Grandview Avenue. Camp Hill. PA 17011 PHONE: Unknown ATTORNEY: Unknown RESPONDENT'S EMPLOYMENT: E.D.S. HOW LONG? 14 vears NET PAY: $2.618.18 JOB TITLE: Supervisor OTHER INCOME (AMOUNT, SOURCE) : PER: Bi-weeklv None WHEN MARRIED: 4/5/86 DATE SEPARATED: N/A WHERE LAST LIVED TOGETHER: WHERE: West Berne. Albanv Ctv.. NY Cumberland Countv FOR DRS INFORMATION ONLY >- ("") ?i 0:; N ~ 6~ t15~~ ~ U~ c:: -~--_: .0: O~ ~.~) ~~-:: --7>- L:::::: .. 3~ i..L- C. N n::Z !. , ",(;;." ...JuJ ,;:.:.( lno... 1--" ., ~ tL 0 ::::> 0 0 <.) . ~ .... =i~ ~ [;;.:3 ~ ",,0 8 " .... '" .- ~ 00 <.... ;S; i1: ~ ...101 " 'S d; ;>-. ~ 0:> ->0 ro.;.. .- .... ::E " ~e ~ :I: ~ 00 "'~ U~ =: <<: at: N '" ~< u ~ =- . . , . , , . ,. . . PATRICK F. LAUER, JR. Attorney at Law 2108 Market Street JAN 2 4 2000. " Aztec Building ! Camp Hill. PA 17011 c , , (717) 763.1800 . j "'~'",,""':)'IT""':""''''''''''''F'''P"=,-''",' . --,'-':-'Y,',,"'Y- ",,-,--~, .... .","---'--- '-'0" - _'l.."'_~'-' ,,- !,"".'".,-,,,,,,,- ,~,-"'O'''''''''IT'''-~''--~;T -)~"':_'7"- ,,"-,. ,,-""C-'- "<'''''',",'--,",,,,,,,-,,' ,'1,0 '" d , , , r' - I ;",~-.i~,u'I;'~J_ ""'!I~_, .~ ~. < .:;~:.<<,.<:;!::c~;:, ':;!.::(:::.:+::~:::;~::C~::::,.~::~;::)::.X::.:c~~:}::.~:}::C{:~~>>>:::)::.X::~::.::~::'j:+::;< :::.::.~~:::':.:C~;:: ';~:+::~;::'{,C.~::.'!:+>::: :,'~::C!~::..:,'X.::~~;::.~l-~!>>>rx.>.g!::.::{,::.~:+::~:;:~<+::!,;::::!~:~!::-~i. . - ~ ~ ~ X M ~ ~ ^ I x V ~ IN THE COURT OF COMMON PLEAS ~ ~.'! II >i>~ ~.~ ~ ;..~ ~ >"'. ~.~ ~ i.~ * t'" t..~ I ~-', ~ J~ ~ ~~ ~ i I J~>;;:,~_~",:::__.,:: ":.>>::.,; >:+::.,:.) ~;:. ).::c~;,. XC( ':-:+::{ '::;:c.;;:c~;;, ':'.:C~:,: ::.:+;~,,::'-.:+>,,: x+::( ':'~::.::~": :-:.::.::.':, "'.::+>: '.::+::.- ".::.::.,.. ",.", ~ (+j ~ ",.", ~ ~.'! ~.~ ~ >,,' ~ ~.~ ~.; * ~.~ ~ '",,' ~ ~.'! ~.; ~\ ~ i ~.'! ~.~ * f~ ;..~ ~ ~ '".,-' ~ ~.'! ~.~ ~ ~ ~~ . ~ k~ ~ i~. I "} ~>: ~ $'" ~~': ~ ~.~ ~' ~ .,0,< :'.; ~ ';,,' ~ ".,; OF CUMBERLAND COUNTY STATE OF PENNA. DARLENE BRIG, uumuu .muuum.. I I I N o. ..Jo..9..9.::).~7 .................. .. n.... n... ..... .n..l?J~int:i:f.J:.. ... Versus .. u.:r:EE:];'.Rc:EXnBR}:C;!. Defendant DECREE IN DIVORCE AND NOW, ,... .~.,?~~,,?-: -to ,\?......, JJ~ .2.~.<? it is ordered and Darlene Brig I' 'f decreed that ....".,..,...,...",.....,...,......."........., paint. f, Jeffrey Brig and. . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . , . , . . , . . . . . . . . . , . . . . . . . . . ., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ......~~~.~~~~~h~~.~~9.~~~~:i~~j~~q,~~~~~~~y..~~~~~~~~~t.~g~~~~~~~ .~~ t~? .~'!~y. .1, ~! .~q99.,. ,~~. .i.~':',?~'p.~:r;~t~.c~ 1. . ~,i,~l!'?!l:t. .I"(l~~9.~:r;, , p..~:r;~~r.., , oiL J.m By T hJ ~ jUr : ..,;;,,~m~ un _ __n__' rothonotary ~ ~.~ I >,$ ~ ~.~ ~ ~ ~.~ ~ ~.~ I ~ ~ ~~~ I I ~.~ ~ ~ ,0-" ~.~ I ~.~ I ,,~ ~ ''''- ~.~ ~ ,'<, i i:~ tii J ,", ';.' ts .. ,% ~.~ ~ ~ i ~."- I ~ ~.~ ~ :,,', W ~.~ ~ ~."- ~ ~.~ , ~ ~.~ ;'~ ~ J. ~ ~ ~.~ ~ ~.~ ;'~ ~ . ~ ~ ~~:.~.::: :::.:+;.;:: ::.::+::.', >::.::( )::+::--:::::.::.::.:, ...::+::.--' >::.::":::~'::.::'-" --.::.::.:: , ~. ~ , .' '-" ~/8'-CV Cu:r. ~,&~ z; # . $'/1' Q;J '/!~ pt~ -z; ~- ~ l. ,_'1lMIl!,- -~"" ._ ~ .. .. .. .... ..... .., \ "'- " J ,. -.. -,- ',' ~;" r r' , <' .: DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREVIOUSLY ASSIGNED TO: J. OLER . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~VL~ 2000, by and between DARLENE BRIG of Carlisle, cumbeJland County, Pennsylvania, hereinafter referred to as Wife; and JEFFREY BRIG of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: West Berne, Albany County, New York; and (') (~ 0 C Q - _". -'11 WHEREAS, Husband and Wife were married on A~~ g~ l~~ in zr'::': ! -,~,h ~~ CD zJ~ !<o ;'~ :.;:J-'l' )> .L-,(1 WHEREAS, Husband and Wife are bona fide r~=~!, ~~f~the - .. rl Commonwealth of Pennsylvania and have been so for at bas:b t~ past =<""" <0 -< six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since January of 2000; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and ~ 1 I . ~I ""-1_;,*, ( '" .c WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and \ WHEREAS, in preparing this Agreement and negotiations II contemporaneously therewith, Husband was represented by James I Kayer, Esquire, and Wife was represented by The Law Offices of Patrick F. Lauer, Jr., Esquire, each of whom have given a full explanation of the same to their respective clients; and WHEREAS, there are two dependent children to the marriage, namely Timothy Raymond Brig, born July 9, 1986; and Caitlynn Eileen Brig, born August 23, 1988; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 .""'" , I .." <' ARTICLE I - SEPARATION 1.1 SeDaration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes lea~ing to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this I I Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition 3 .~ - ~. , .- " to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the iequitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in !any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision 4 d -~. ( '" <( thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 IncorPoration of Aqreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOU'ITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; ': the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including 5 L llt>...:u..,-:'tc , < .- but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Riqhts of Equitable Distribution. The division of existing marital property is not intended by the I,parties to constitute in any way a sale or exchange of assets. The I division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish . all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth , iherein. i 3.4 Marital Residence. Wife agrees to transfer to Husband exclusive possession of the marital residence at 151 Pine Hill Road, Carlisle, Cumberland County, Pennsylvania 17013, and Husband 6 II . 'ill-"~v i . 0' shall have sole and exclusive possession thereof until both children of the parties are out of secondary school. At that time, the parties agree to list the property for sale with walker Realtors, their successors or assigns, or such other listing agent as the parties may mutually agree. The parties agree to accept and follow the reasonable recommendations of the realtor with respect to the most appropriate method of selling the property. Upon sale of the property, the parties shall equally divide the net proceeds of the sale, after usual, reasonable, and necessary taxes and costs of sale. Husband shall have first option to claim the mortgage interest deduction each year; unless Husband chooses to utilize a standard deduction, in which case Wife shall have the option to claim the mortgage interest deduction. The parties shall if necessary at any time make, execute, and deliver any and all documents in the usual form effecting such transactions. 3.5 Personaltv. The parties have agreed between themselves ; to a division of all household furnishings and personal property . which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts i or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, 7 u , ~. "' as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. The parties specifically agree to the division of miscellaneous personal property as set forth in Exhibit "A" attached hereto and incorporated herein by reference, and acknowledge that each party has already recieved possession of the items set forth therein. Husband further agrees to pay to Wife the amount of $1,928.50, representing one-third of the net balance of the marital checking and savings accounts of $28,529.61, less advances of $7,581.37, provided that any expenses attributable to Wife on the May 2000 Visa bill shall be deducted from the $1,928.50 ! figure, as will amounts billed by the parties' respective attorneys . I and a bill from Aetna Insurance Company for Wife's prescriptions in ~ I the amount of $90.71. See Exhibit "B" attached hereto and incorporated herein by reference. 3.6 Retirement. The parties specifically warrant that the only retirement account, plan, or program in which they may have an , I i ownership interest is the EDS Retirement Plan of Husband. The \ parties agree to equally divide the marital portion of the EDS Retirement Plan of Husband pursuant to the proposed Qualified 8 II' ~~ ~~. , '~-'''''''''~~*- "' .. Domestic Relations Order attached hereto as Exhibit "C" and incorporated herein by reference. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts through January 1, 2000. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after January 1, 2000, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to I or against the other any purchase which either of them may ! hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 Mortaaae. Husband agrees to maintain, insure, repair as reasonably necessary; to keep the mortgage, utilities and any : assessments current on the marital residence; and to pay all costs . associated therewith through the date of settlement on the property as envisioned in paragraph 3.4 above. Wife agrees to pay one-half 9 . , I 'I of any repair cost, maintenance cost, or municipal assessment to the e~tent such cost or assessment is incurred within three years of the date on which the property is listed for sale, provided that Wife ehen be ,ivee edvence notice. t<f" j. [,J..V~ ARTICLE V - ALIMONY AND SUPPORT 5 .1 Alimonv. Pursuant to this Agreement of the parties, Husband shall pay unto wife alimony in the amount of six hundred dollars ($600.00) per month, commencing March 1, 2000, and , continuing on the first of each month for a period of forty-seven months thereafter. It is the intention of the parties hereto that such alimony shall be included in the taxable income of Wife and shall not be included in the taxable income of Husband. Remarriage or cohabitation with another person who is not a family member shall terminate the agreement to provide alimony. wife acknowledges having received payments of $600.00 for the months of March, April, May and June 2000. See Exhibit "B" attached hereto and incorporated herein by reference. 5.2 Child SUDDort. Husband shall pay directly to Wife child support for the parties' minor children in the amount of $500.00 per child per month, commencing March 15, 2000, and continuing on the 15th of each month until such child is eighteen (18) years of age, or until the child has graduated secondary school, whichever is later. Husband shall be permitted to claim the children as a 10 . , deduction for income tax purposes and, if appropriate, to file as head of household for having provided for the children accordingly. Wife agrees to execute any documents customary and necessary to effect such a transaction. Wife acknowledges having received payments of $1,000.00 for the months of March, April, and May 2000. See Exhibit "B" attached hereto and incorporated herein by reference. 5.3 Post-Secondary Child SUDDort. As of December 31, 2000, the parties were the joint owners of checking and savings accounts with EDS Credit union, having balances as set forth in the statements attached hereto as Exhibit "B" and incorporated herein by reference. The parties agree that one-sixth of the balance of said accounts, after the payment of all unsecured marital debt, including the attorneys fees of each of the parties, namely . $4,754.94 shall be transferred by Husband into an account in the ,iname of Darlene Brig and Jeffrey Brig in trust for Timothy Brig (PUTMA)i and one-sixth of the balance of said accounts, after the payment of all unsecured marital debt, including the attorneys fees of each of the parties, namely $4,754.94, shall be transferred by Husband into an account in the name of Darlene Brig and Jeffrey , !Brig in trust for Caitlynn Brig (PUTMA), to be held in separate trusts, requiring the signatures of both parties to withdraw funds, for the benefit of the children, in equal shares, until the beneficiary reaches twenty-three (23) years of age. Each child 11 .~ I I," ....' '<!;, ,. already has a savings account with an approximate balance of $1,000.00 as set forth on Exhibit B, which accounts Husband, on behalf of both parents, shall provide to the children at the age of 16 of each child. During the term of any trust created pursuant to I this paragraph, the trustees are authorized to expand and apply so much of the net income. and principal of each such trust as the trustees shall both consider it advisable for the health, maintenance, support, education, including college education, graduate school, purchase of a residence, or payment of debts for each such beneficiary until he or she attains twenty-three (23) years of age, or until all such amounts are paid out of trust. No ! trustee shall be required to give or post bond for the faithful 'performance of the trustee's duties in this or any other , jurisdiction. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel i regarding the legal effect of this agreement. They acknowledge and 12 " . , accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6 . 3 Counsel Fees. The parties agree that each parties' attorneys fees will be paid from joint savings and/or checking as indicated above. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 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 times to come and for all purposes 'whatsoever, of and from any and all right, title, interest, or iclaims 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 has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of i 13 d -- ~ dower, curtesy, 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 will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the united States, or (c) any country. The parties further release any claim to all 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, 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 thereof. It is the intention of Husband and wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not 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 thereof. Both parties acknowledge that they have been advised that each may I .. have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. 14 Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the I Pennsylvania Divorce Code. II:' II 6.5 Warranties. Each party represents that they have not Iii heretofore incurred or contracted for any debt or liability or . I, obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each :will, now at all times hereafter, save harmless and keep the other' indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement land that neither of them hereafter incur any liability whatsoever I for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of 15 it <~ the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 GoverninQ Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 BindinQ. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire AQreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid 16 II l!,\>- ~- 'I,~" Ii and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections shall in no way void or alter. the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Equitable Div~sion. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the 17 covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. ~G'~~~ BAND I, I' I 18 II '- -0;11 , ~ ~ EXHIBIT D 4.2 Mortgage. For major repairs greater than $500 (e.g. - roof repair) wife agrees to pay one-half of the repair or replacement cost, regardless of when the cost is incurred, provided that Wife shaD be given advance notice. ,'" Darlene BrihWife. . I t/l ~ . Jeffrey Brig - HU~band . ~ f~ f& I ~. "j, , , DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 2000 - 387 CIVIL TERM : JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREVIOUSLY ASSIGNED TO: J. OLER . CONSENT ORDER AND NOW, this day of 2000, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of written consent of the parties, AND upon direction of this court that the parties need not be pages and bearing the present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: J. Distribution: James J. Kayer, Esq. Matthew J. Eshelman, Esq. ~ . ' , DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - AT LAW - CUSTODY . Defendant PREVIOUSLY ASSIGNED TO: J. OLER STIPULATION WHEREAS, the parties have born to them two children, namely Timothy R. Brig, born July 9, 1986, and Caitlynn E. Brig, born August 23, 1988, the Children hereinafter; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, the children has resided in Cumberland County, Pennsylvania for the past six months, thus giving this Court jurisdiction; THEREFORE, this {~1* day of :JLJL{ 2000, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties shall share legal custody of the Children. without prejudice as to the rights of the parties, the permanent mailing address for the Children shall be the address of the parent which is located within the school district attended by the children. The children currently attend the Carlisle School District. In the event both parties live within the children's i school district, the parties agree to determine a "permanent mailing address" for the Children at a later date as necessary. , '! ! 2 u ." . ,. " j 2. The parents shall share primary physical custody of the Children, subject to the following schedule: a. Beginning April 30, 2000, Mother shall have primary physical custody of the Children, from 5:00 o'clock p.m., and extending through 5:00 o'clock p.m. on Sunday, May 7, 2000, and :' alternating every other week thereafter; b. Beginning May 7, 2000, Father shall have primary physical custody of the Children, from 5:00 o'clock p.m., and extending through 5:00 o'clock p.m. on Sunday, May 14, 2000, and alternating every other week thereafter; 3. The parties have agreed to a holiday schedule as follows: a. The parties have agreed to alternate the following major holidays: Easter Day, Independence Day, Labor Day, Thanksgiving Day, and New Years Day, with Mother having Easter Day in 2000, and alternating between the parties with each holiday in succession thereafter. b. Christmas holidays shall be shared in two segments: Segment A shall occur from noon on December 24th and extend through noon on December 25th. Segment B shall occur from noon on December 25th and extend through noon on December 26th. Father shall have Segment A in 2000 and all even numbered years thereafter; and Segment B in 2001 and all odd numbered years thereafter. Mother shall have Segment B in 2000 and all even numbered years thereafter; and Segment A in 2001 and all odd numbered years thereafter. 3 ___~I f j;o (. .. 10 l c. Each year, Mother's Day shall be spent with Mother, and Father's Day shall be spent with Father. d. The time for the holiday custody periods shall be from 9:00 a.m. until 9:00 p.m. In the event that a weekend adjoining a holiday and the holiday itself are both scheduled for a given parent, the two periods shall merge into a single custodial period. 4 . Each party shall have two uninterrupted weeks through the summer vacation, which weeks must be exercised consecutively. Notice of when the party intends to exercise his or her summer custody schedule shall be provided to the other party no later than thirty days ahead of time. 5. Holiday schedules shall supersede both the regular custodial schedule and the summer vacation schedules. Vacations shall supersede the regular custodial schedule upon notice as provided above. 6. The parties shall share transportation responsibilities for custody transfers as they may agree. In the absence of any such agreement, the party receiving custody shall be responsible for tranportation. 7. It is the intention and desire of each of the parties that this Stipulation be confirmed as an order of court, without eir pre.ence befcre tho~~~~uan~~ ~::'15.7. Esq. ~Br~g ~ 4 II ..' Iio "jllllii~,J~~I' , . , . ~jftilHliiif ~'..c "' .' -",." " () C) .-') C e__) ::"h e:'- ;:.= ::r! V (11 rr~ 1'n '"j j"-\ -c] i''';:' Z ::0 -...., m ,-. r'.- I i:~;~(? u' -. co "~: -< 0 r:: _..CJ "0 ---c-=-n ~; ~\~ ..:c:,...('J ",,A.. "'.b N {5i"iI 5>c ~ ::::> s;! ,,, ~ II .... -~ ~~ ""~ ~ .~ " =' 1- ~'~'i' DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, CIVIL ACTION - LAW Defendant . IN DIVORCE . PRAECIPE TO TRANSMIT RECORD Plaintiff's SS* 114-54-6610 To the Prothonotary: Defendant's SS* 132-50-6981 Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under S 3301(c) S 33Q1 (el) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by personal hand delivery on January 24, 2000. See Attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff Auqust ~. 2000 ; by the Defendant Julv 3. 2000 . S" (b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon the respondent: . 4. Related claims pending: Please incorporate. without merqinq. the attached Propertv Settlement Aqreement of the parties into the Divorce Decree. 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: filed simultaneous Iv w/Praecipe ; Date Defendant's Divorce was filed with th 2000. Notice in S 3301(c) filed Auqust 1. Date: Matthew J. E helman, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID* 72655 Tel. (717) 763-1800 Attorney for the Plaintiff II ! __~l'li!iliiiiMm~I__~~_ g 0 0 = " s: J:>> .-; -Om c ~::D nlrn G? Z::o ',1r- z~ I -rtm ~.~ co (39 ""- CJ .-;0 ~ -0 :r.,~ z8 3: 0- '"7('" ~ --m )>c ~ ~ 0 ~ lc~ ,,"t~"'"-<ci DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . , vs. . No. dJa:o'3~) ~ . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 " ,;:"",", DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : .;2HJO - 317 ~ ~ vs. . No. . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Darlene Brig, by and through her attorney, Kirstin M. Garrett, Esquire, makes the following Complaint in Divorce: 1. The Plaintiff, Darlene Brig, is an adult individual who currently resides at 151 Pine Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Jeffrey Brig, is an adult individual who currently resides at 151 pine Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT 1 - DIVORCE ., ! 4. Paragraphs one (1) through three (3) are incorporated herein by reference as is set forth in their full text. 5. The Plaintiff and the Defendant were married on AprilS, 1986 in West Berne, Albany County, New York. 6. There have been no prior actions of divorce or for annulment between the parties. 'Iiii""""'_""o-.'- 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There are two minor children to the marriage, Timothy R. Brig and Caitlynn E. Brig. 10. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. COUNT II EOUITABLEDISTRIBUTION 11. Paragraphs one (1) through eight (8) are incorporated herein by reference as is set forth in their full text. 12. The parties are owners of real estate located at 151 pine aill Road, Carlisle, Cumberland County, Pennsylvania. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during the marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, the Plaintiff requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties and equitably apportion their debts pursuant to S3502(a) of the Divorce Code. . . '"I ", " COUNT III - CUSTODY 15. Paragraphs one (1) through twelve (12) are incorporated herein by reference as if set forth in their full text. 16. There are two (2) dependent children by this marriage as follows: Timothy Raymond Brig d.o.b. 7/9/1986 d.o.b. 8/23/1988 Caitlynn Eileen Brig 17. The P;J.aintiff seeks primary physical custody of all children born of this marriage as set forth in Paragraph Fourteen (14) . 18. The minor children are in the custody of both Plaintiff and Defendant. 19. The Father of the children is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 20. The Mother of the children is the Plaintiff, currently residing at the above referenced address, Paragraph One (1). 21. During the past five years, the children have resided at the following address with the following persons: 1995 - present 151 pine Hill Road Carlisle, PA 17013 Plaintiff & Defendant 22. Plaintiff and Defendant both reside with the following persons: Timothy R. Brig and Caitlynn E. Brig. 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. I .'loY '1_"" 24. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 26. The best interests and welfare of the minor children will be served by granting the relief requested because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children. c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 27. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, The Plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation. COUNT IV ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 28. Paragraphs one (1) through twenty-five (25) above are incorporated herein by reference as set forth in their full text. 29. Plaintiff is unable to provide for or afford her counsel fees, expenses, and costs during the pendency of this divorce action and through resolution. 1'JJi'.5')Wl,,-- 30. Plaintiff is without sufficient property and otherwise unable to financially support herself. 31. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs as well as alimony and alimony pendente lite for Plaintiff. WHEREFORE, the Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay Plaintiff's counsel fees, expenses, and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, Date: 470/ en 'i&:s:~~!Jar!!:ut 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 83801 Tel. (717) 763-1800 ~'~A,""'_' , . DARLENE BRIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . No. . . . JEFFREY BRIG, . CIVIL ACTION - LAW . 'I Defendant . IN DIVORCE . VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Q I I I ., II 'I I, >- 0::: ~s lu[:) O~~ j$~~' (.~t< ;J 6.~ - le" C\J <") -. - - ;r ..:;; i= ;z :::J q~ '_.'~ -:<: r\:::;;' :;>~ ';~0 ..J /" 0:: :!:-.. L!.J'Z G:) dJ ,,0.. ::) <..l t-= ;;':-'" *c7:: -;- <::) o ?S ~ ~~ ,'I ~ K 52\ ~i , =1 .... i:I!~ ~ (':l ~ - I;l"" ~ gfi20 <....... V,) =...... 0 ..;l= _~",:oo ~ ~ =s tl.< -:' r-:i Qi ::0 ~ ...... ~ "" = ;:;;: ,,"'..... III1iII _ 00 8 ::c r:::- uS 0 < 0.- iil<'" ~c Eo< u ~ ~ ~ ' ... ". - . . . , , PATRICK F L . AVER JR Attorney at L ' . 2108 Marlret aw Street __ .Aztec Buildi earn H' ':,.' ng p .ll. PA 17011 (717) 763-1800 _= .~, -~~_'" =~ n -',< ~~ J~",," At~,f.J,(J IJdtJq!,- IN THE CIRCUIT/COUNTY COURT.CuJ.tlli.......--t COUNTY. CASE # ,:2.u()O ~ 3/1) - (;., v, L kS~~l PLAINTIfF/PETITIONER AFFIDAVIT OF SERVICE vs. rsf2,~~ DEFENDANTIRESPONDENT ~ Before me, the undersigned authority, personally appeared \ c.,..k-..... It 0 COUNTY OF Cu..../J',"'fA....O I.!JLPI 1'lt9Jf:1,eing fIrst duly sworn, deposes and says: 1. 2. fa, 3. Affiant is not a party to nor interested in the 9utcome of the ,A"bove tided suit and !i. over the age 18 yeal}. Affiant re . ed the attac d 0 f-~ u l:. 1) ;1'40 "';- C. L.4~ l k~J Ii (l. on 1-.1.1( -.0 Affiant personally served same upon .Ii ILl ILL who wa.s ~en at Date ft..4 c:.e I-kif -OQ "1 c.~/lr..c"1 /A-t.'~"" Time :2..~" \0 c:: OS f"", t: A.....p k~ U Pq ~DUAL SERVICE: By delivering to the within named person a true copy of this process. o SUBSfITUfE SERVICE: By leaving a true copy of this process, at the within named penon's place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Nunc Relationship o CORPORATE SERVICE: By delivering a tnle copy of this process. Nunc Title COIpOIate Name corporation in the absence of the president, vice.president, other head of the corporation, cashier, treasurer, secretary, general manager. director, officer or business agent residing in this state as defined in F.S. 48.081. o dfbIa SUBSTITUTE SERVICE: By leaving a lnle copy of this process, at the within named person's place of bus mess, with the rnanagerofthe business having attempted per~on,a1 se~~ on~ ~rior (date of attempt was) ,F.S. 48.061. POSTED RESIDENTIAL: By attaching a copy of this process, to a conspicuous place on the property described within. After two (2) attempts six (6) houn ormore apart to ~btain personal service, neither the above-named tenant nor a person residing at the premises who is fifteen years of age or older could be found at: .the usual place QfJesidence, of the tenant. Attempts at persOnal service (1) (2) date and time date and time ~OSTED COMMERCIAL: By attaching a cOpy of this process, to a conspicuous place on the property described within. After two (2) attempts six hours (6) hours or more,apart to obtain personal service, the Defendant could not be found in County, Flonda, and: and Defendant has no usual place of abode in County, Florida; or there was no person fifteen years of age or older residing at the Defendant's: usual place of abode in County, Florida, to wit: o o Attempts at personal service (1) address (2) date and time date and time o GOVERNMENT AGENCY: By delivering a true copy of this process to of the within named to wit: name title o OTHER SERVICE: (Refer to legal authority and fully describe method of service) governmental agency o NON-SERVICE: For the reason that after diligent search and inquiry, Horida this the day of . 19 could not be found in Countyj <lay month y= g~~ .:j' SWORN TO and subscribed ,before me this .y- -. ..10 J..;.".- C.J1, L _~ Notary Public '--/~ ~ day of FJf..SRldlley ,~ .:L"~>z> My Commissi ROBERTA E. BIESECKER, Notary Public Camp Hill, Cumberland County My Commission ExpirE6 July 23, 2001 III >- 0 ~: ~ tu~ N :::><:(' 0-- 8~ f+!:."i1 :!C -L~ a.- ot=:: Cl~ f ,_' :;;;; oce CO liJu. I S~ c!t', L ..~--:' ~ LD~ F= :::::> c:r CO 'S; '-'-- Cl ;'3 0 0 .- . .._., n ~~. ~~~;r' fi~.Bil!]U- : . i.! V U .~ 'J -........ ......... ..........--.....- ."",,",,,~~1!!a<~m!l1'!'j!~~,~, FEB - '1 20no i(5CTtl "ilWmQtl!lIII "~'" I!JIm illlil~,-, . . - ~ DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . DEFENDAN'l"S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 21, 2000. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 'I consent to the entry of 'a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: ~ Signature: r O.D' '-(1)' III '~ :::!. '<, ~,r _COO ",' ;:l> _I.. lJ 'J CD . ~:J f\-)::I~ :j::::i.cnm w'<. l<r --....J III _. CD::lCT I\.) -. (!) F\) m ,::l-_ ~'< "')> 0< ~'" W:J C '" )>" ~ ,I>> 2,',"< '" (1) ~ ,-i' O'Ill' ,~ :; - a..' o "I c:J "0 .., 00 f&~ o' ... :J ... ..--;" ~, ^,- "..'-' .' Liberty Loft 0 Kay,er" and Brown .'f\P~Pfes?ipnal Co~po~ation .. 4'E.LibertyAvenueo CarHsle,PA (717)243'7922". '17013 " ~~ .;:.. ""~"- , . . . DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 2000 - 387 CIVIL TERM . : JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER. SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: 7/30/60 , Signature. ~y ~ c: IT OCD III ::1- :::!. '<, S!lr-, ~CDO -oJ" ;:l> ~ ""0. -.J CD . -,::l " I\)::l ~, ~cn, m- W'<. 1,'<r:- '"'..J,~ '_. <D ,::J ,0- I\) _. CD I\) Ol ,::+ '......"'< -.J}> ~di-' W:J c CD' .. . . Kay~r ~ndarown. . A Profes$ioralCorporation, .. .. > ." LibertyLoft . 4E. LibertyAvenue~. Carlisle, PA 17013 (717)243,7922 }> '" ""Oll) a iD''< w (1) w"'t o'll) . ffi ::s -Q. o Q OJ :0 .., , Q 0 ~ .~ g' ::s .... ,. . . r:...'." 3> " .' . . . :> -,~ III " . " . DARLENE BRIG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . No. 2000 - 387 CIVIL TERM . . . JEFFREY BRIG, : CIVIL ACTION - LAW Defendant . IN DIVORCE . PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301101 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: -1-- {'r ceJ Signatu~&z. ~ arlene BrJ.g _i,r-~ ~....> ~ ~~IiWP~- ~ -, """'-~(1WlI ,- <~ " 0 0 0 C 0 " :s:: ~ --j '"0 CO ~ ~~~ ~lrTl '" Z::o I -.,--in ZC (~6 (f).- CO ~z ---{ .-0 -u ~'5 :B ~o :x -0 0 T::' Zm >c 0 ~ 0 ~ <0 -< '"...... -. "1 .t...1 . t::' 41 ... . "lO. . Drou.EN.E. BRIG,_... . IN THE COURT OF COMMON PLEAS OF . Plaintiff' . CUMBERLAND COUNTY, . PENNSYLVANIA . : vs. No. 2000 - 387 CIVIL TERM . . JEFFREY BRIG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 330lfcl OF THE DIVORCE CODE i 1. A complaint in divorce under Section 3301(c) of the I 'Divorce Code was filed on January 21, 2000. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice> of intention to request entry of the decree. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: >r /61 tJo Signat=~~.~ Da ene Brig ........'-......]6". l' ;~. ii1.U1H'l "J~ ~." . 0",. .' .... *>- . . ...' " 0 0 0 . c 0 -n s: ",.. "-1 "'Om c ~i~ mrn G") 11.;= Z::o I --lrn t};C co :99 -<.2: j~C) ~o " "L=H ~8 :x ~o T::' om >c -~ ~ 0 ~ 00 -< l, j t it' i' i" ,,i' ~ (' l . ,- "I. , . " 'I' :.~ I' l' ~, 1i: :'~ I' " ,',<' t '~; :t.) 't'l 'i1' ..." ~ " l~ w ~:' "'f: ,,'. i;t;, " (. -' :i~ ',.) ). ,I,:, , -, ';'~ j :( :~ I ., , ,-- DARLENE BRIG, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2000-387 Civil JEFFREY BRIG, Respondent QUALIFIED DOMESTIC RELATIONS ORDER PETITION FOR OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over petitioner andi respondent and the subject matter of this Order; WHEREAS, petitioner, respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a QDRO) as that term is used under the Employee Retirement Income Security Act of 1974, as amended by the Retirement Equity Act of 1984 (ERISA); and WHEREAS, petitioner and respondent have stipulated that the Court shall enter this Order. SECTION 1 - DEFINITIONS As used in this Order, the following terms shall apply: (a) Participant shall mean Jeffrey Brig, whose address is 151 Pine Hill Road Carlisle, Pennsylvania 17013, born on October 23, 1958, and whose social security number 50-6981. current who was is 132- (b) Alternate Payee shall mean Darlene M. Brig, whose current address is 250 Norris Road, Biglerville, Pennsylvania 17307, who was born on August 19, 1957, and whose social security number is 114-54-6610. Alternate Payee is the former spouse of the Participant. (c) Retirement Plan shall mean the EDS Retirement Plan. (d) Plan Administrator shall Administration Committee for the Plan. the Benefits mean SECTION 2 - DATE OF MARRIAGE Participant and Alternate Payee were married on April 5, 1986, and were separated on December 31, 1999. I ':!M"~'sllf'\" ,.., (Ii: {I 'lj I; '1'[ 1-) f.f q :;1f', ,1J ~'. j: SECTION 3 - AMOUNT OF BENEFIT TO PAID TO ALTERNATE PAYEE ~;" ~j f t; Alternate Payees interest in the Retirement Plan shall be fifty percent (50%) of the Participants accrued benefit at normal retirement date as of December 31, 1999. {, \,r, Alternate Payee shall have the right to elect to receive benefit payments under the Plan on or after the date on which participant attains (or would have attained) the "earliest retirement age" as that term is defined by the Internal Revenue Code of 1986, Section 414(p) (4) and Section 206(d) of the Employee Retirement Income Security Act of 1974, or such earlier time as may be permitted under the Defined Benefit Plan. :1:', t l:i 'l: ~:{ , iI'l ",1' ,', i.~' }~ ;;, /' "t' If Participant elects to retire from the Plan before normal retirement age and by reason of that early retirement the Plan provides an early retirement subsidy, the Alternate Payee's benefits shall be recomputed to provide Alternate Payee with fifty percent (50%) of the subsidy attributable to the total benefits accrued by Participant in the Plan as of December 31, 1999. If the retirement benefit assigned to the Alternate Payee is based on the Participant's Personal Pension Account, then the early retirement subsidy will not be applicable. The benefit will be adjusted for the Alternate Payee's age and the form of benefit elected by the Alternate Payee at commencement date. '",' ,j.:,: ~i Ji; ~{ '}y,: ~: ; i: #1 ," ...h Ii 11 ':i' o'",t .,r t l' SECTION 4 - FORM & TIMING OF BENEFIT PAYMENT The retirement plan is hereby ordered to pay directly to the II Alternate Payee the benefit set forth in Section 3 above commencingi on or after the date the Participant attains his early retirement I' date under the retirement plan. The Alternate Payee shall have the right to elect any form of benefit, exclUding an annuity with a joint and survivor feature, permitted by the retirement plan as of the date the Alternate Payee elects to begin receiving benefits under the retirement plan. f /, ;lj: " ,~' it' jl " t ~; , \; , ;(' " " SECTION 5 - ADJUSTMENT OF PARTICIPANT'S BENEFIT ,i' Ij' " The participant's accrued benefit under the retirement plan shall be reduced actuarially by the equivalent of the amount required to be paid to the Alternate Payee. The actuarial ,present value of the accrued benefit shall be determined on the basis of the mortality and interest assumptions used under the retirement, plan for purposes of determining actuarial equivalence. '~i .f.' r,., " Ii, '!' " . E, ;F ". i <11..-" ". ~ ~ ."~~ I J,j~~t ,~ :~; 'ii "''' ,'~ :;~; !#; :~:: ~~r '~ .~ ;(~' ,1.1 ..~f ]t: ,.,z~ 1.'" ~i ~ ~: !' 'iF ;~'. \' SECTION 6 - DEATH OF ALTERNATE PAYEE Upon the death of the Alternate Payee prior to the commencement of benefits pursuant to Section 4, the Alternate Payee's interest shall be paid in accordance with the terms of the Plan. Upon the death of the Alternate Payee after commencement of benefits pursuant to Section 4, the form of benefit under which the Alternate Payee was receiving benefits shall determine whether and to whom any death benefits are payable. .j; SECTION 7 - DEATH OF PARTICIPANT f'j ir~ .' ':.i[ f f Upon the death of the Participant before retirement and before I the commencement of benefits to the Alternate Payee, the Alternate Payee shall be treated as the Participant's spouse for purposes of the pre-retirement survivor annuity with respect to the portion of the Participant's accrued benefit assigned to the Alternate Payee. The benefits shall not be computed according to Section 3. The Alternate Payee shall be treated as the Participant's spouse for purposes of the pre-retirement survivor annuity with respect to the Participant's accrued benefit not otherwise assigned to the Alternate Payee. f: if 'Ji, j", l~i f :~" ',,, W' },<'J tt~ 1: if ,T. SECTION 8 - MISCELLANEOUS H: ~'!, 'l\ , ~t (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator (s) . This Order shall remain in effect until a further order of this court. Nothing contained in this Order shall be construed to require the Retirement Plan or Plan Administrator. ','f'; :~'" " ~i .:11.. " 1i (i) To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to' the Participant under the Plan; .<'i :",: li' ;f ~;i :J ,~, )~ ) (ii) To provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or ';; :1~ ,!{ 1~' , ), ,"" I 'MI,j@;~':t, (iii) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order determined by the Plan Administrator to be a QDRO. (b) In the event the Plan Administrator or its agent does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan Administrator. (c) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish I or maintain its qualification as a QDRO, provided, however,' neither this Order nor any subsequent revision, modification, or amendment shall require the Retirement Plan to provide any form or amount of benefits not otherwise provided by the Retirement Plan. (d) In the case of conflict between the terms of this QDRO and the terms of the Retirement Plan, the terms of the Retirement Plan shall prevail. (e) The Alternate Payee and the Participant shall hold the Retirement Plan (and its sponsor and fiduciaries) harmless from any liabilities that arise from following this QDRO, inclUding all attorney fees that may be incurred in connection with any claims that are asserted because the Retirement Plan' honors this QDRO. "" '/; (f) To the extent that the Retirement Plan pays to the Participant any benefits that are payable to the Alternate Payee under this QDRO, the Participant shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty days after the receipt of such amount. To the extent that the Retirement Plan pays to the Alternate Payee any benefits that are payable to the Participant under the QDRO, the Alternate Payee shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty days after the receipt of such amount. 11 ,.':, (g) The benefits hereby assigned to Alternate Payee shall be paid to Alternate Payee not withstanding Participant's anticipated continued employment with EDS. 11: <%;. }'. I,' ,1 " (h) When the Plan has made full payment to Alternate ;( I' , ~ ':', , l I " :1; :, l " 'I , J ',L , )1 ~ , " , i 'I " 'I ~; " ':,f, '~ :1-: If, J~ ;\ ~~ ~i 31, 1hj J; Me' ~~ I, ",f: fe' /, JI;' ":',' .'i"' ',~;j 'I', if i :j " ,,f' ,re; 1'.''\ 'i,' 1Vf, ]j ,,{' "~( , , , j:-i :1. "" ;! ;:j ;! i , \ , Payee of the respective benefits assigned to Alternate Payee under this Order, the Plan, its trustee, administrators, sponsor and officials shall be discharged for their respective obligations to Alternate Payee. (il All of Participant's benefits payable under the EDS Retirement Plan other than those payable hereby to Alternate Payee shall be payable to Participant in such manner and form as Participant may elect in his sole and undivided discretion, subject only to Plan requirements. (j) Alternate Payee is ORDERED AND DECREED to report ii any payments received form the Retirement Plan on any applicable income ax return. ~ ~ day of 2001, being last signatur subscribed hereto was Dated this the date upon wh~c affixed. >l DISTRIBUTION: G~O~ James Kayer, Esquire Law Offices of Patrick F. Lauer, Jr. . >- (') ~ ~ -'" f-' N z u..!Q ??<( O~:, "",.}z r:-c..i ::c 0<( (::5 f~,.:: "'- ,-,? ( L~ CO ''75:' Edb_: ~i"(j) I :r- :.. L_ IT! ~L: (..') LCZ ::CJ U1W r-- <Z COo.. iL ::;; 0 ::> <:;) 0 1- ,~ - ~111 . Or: r:lij l~iLg;~~t~ _, 01 4UG I J G" '''J'AAr 0' , I) 1'/112: 91:; JAf!5tf-i" ,1" " \.,; PENll8';iB~ CDUNr" "'11\%4 I r "'.' Ii!f'n~rM~ ,...~.,;r'!lfIl'>\''''I'!;m!~!ffi~~~~~~~, -'"'''' >- C") C 0: -" ~ '7 r'" ~ =)<( u \ ~".' (5:;".:~ (""1-... ~"Z u-=~; :m::: C)<:;( ~J.;J r:L,," c... 02j T c.! co ziD 0'" LL.; ~.:L: I 5z ...J L':J O::.jJ LL LUL :.::J 8n. "'" .2 u... =:J 0 0 U '~ .... Q!~ '.f;l ~ <.... ...Ill ~ ...<11 ~E ,,-> ~ S< ~ i:'l.< - !gp~8 ~:E-~ Q) .-:!. . ~ = _ ('r') ;JCQ=~ ::E~:ar::- 00 N c..- ~<I3C '" 8 , PATRICK F. LAUER, JR. Attorney at Law 2108 Market Sheet Aztec Building Camp Hill, PA 17011 (717) 763-1800 AUG 0 92001 ~ " ,