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HomeMy WebLinkAbout00-01727 t r:. "C"~"',"""",--''''-''_~~"'-____'",.......r-,-"___",,,-__",",-....-:,.o'''~_~'''''''-'_' __".....,-..,....za....,"...,...A...."'.........._.._~'.......__..._'!>--.......-."",..._"-""_...:<r."--~",~~v~'""v-..-."of""-.......-..'D '"~"'_......."-"'. "lo........-.,.,~~.......~""...,..".,."'~,__....~___....-_....."""""""".........--.-~."..............l"........I"..-__.....^!o._..._~'"'''_...~..............._~...__~.<.-....""',~...........,......._";."....,..._~';i'_......:O"~..,":,..._..~..........._',:.j:j ~-; -,.~,. n ~ ~ . ,,0;,; X ~ ~ ~ M ~ w ~ IN THE COURT OF COMMON PLEAS .~ A ~ ~ v ~ OF CUMBERLAND COUNTY ~ M ~ ~ . ~ ~ ~ M i ~ ~ STATE OF PENNSYLVANIA i ~ ~ ~ ~ v ~ , ~ ~ ....'!~!'lI1...~!.~b.13~~V.ll'J'......................u................. II ~ ~ ..........m.............u............:E'J:..l:\J;l!l:r.~X!m..........u........ I N o. ......~.?~.?........ ...~.~.Y..~!::. ~ 2000 ~ f ~us X ~ ~ ~. ~.;; ~ JACK STEv1ART BROWN, ;" ~.~ ,.n_' 0 ....0 ..._........ 0____.___. ..._..... _.. "_'. ._. .__h.............. ........... $. ~ X ~: ...... .......................... .....]).E;fE;lclP,1\~!'......................... ~ ~ X .~ ~ ~ ~ ~ I ~ DECREE IN ~ ~ DIVORCE ~ ~ x ~ ~ I AND NOW, .....;:r9.l.1.~.~..........,~..2.~9?, it is ordered and ~ " ~ D decreed that............. .~~~~ .~.~~~. ~.~~v:~................, plaintiff, ~ 4 ~ ~ and. .. .. .. .. '" . .. .... . . .. :=r.l';<;~. .~~~~v!'.~~. !,:,:C;'~. . .. .. ... ..., defendant, ~ w ~ ~ are divorced from the bonds of matrimony. ~ ~ ~ ~ i ~ 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 ~ i:i been entered; NONE :'j ~ ~ ~ y ~ THE PROPERTY SET~LEMENT AGREEMENT DATED MAY .9, 2000, IS X ~":: . ..... .. .... .. .... .. .., ... . ... " .. .. . . .. .. . . . . .. .., . . . ... . . . ... . .. " . . .. . ., ~ i ~ ~ ))!~9Rr:QF-f\..~r;:I;J. .1)1'+9. .~Ifg;. .I)~~F..l';r;:.!3X .f!.:j;:f;t;f!.~~.C.E;, . . .'I:li~. !\qf!.J;:~ME;l\lr. . . . ~ ~ a ~. SHAL~-k~.~..HOv:EVER, MERGE \lITH THIS DECREE. ~ ~ a ~ ~ A ..0........ i ~ J. :~ M ~ ~ ' $ ~ . .- ,.; IkXll'Jo..~; . -":'~~L,_X"I)',~:.-..~~.::>aj.: .'{+X'oal',::-:C, ,._>~<>3:<:>~~X.:<;-:e.:.'3>;:.:.X:.3:...:3~ ~"'~-Y""f;~~~ " < " r JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - 1727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER THIS Qualified Domestic Relations Order, entered in Cumberland County, Pennsylvania, this 28~ay of ~"(1 2000, pursuant to the Property Settlement Agreement dated May 9, 2000, by and between the parties hereto, and further pursuant to 23 Pa.C.S. 3502 (the applicable state domestic relations law), provides for the disposition of part of the monies due to Jean M. Brown (the "Participant") under the qualified plan described in Paragraph 2, below, and grants to Jack S. Brown (the "Alternate Payee") rights in such 40l(k) Plan on the terms set forth in this Order. 1. It is intended by this Court that this Order constitutes a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), Section 206(d) (3) (B) of the Employment Retirement Security Act of 1974, as amended ("ERISA"), and the Retirement Equity Act of 1984, as amended (REA"). L.AW OFFICES MARLIN R. McCALEB 2. This Order applies to the 401 (k)/Profit Sharing Plan of ; LAW OFFICES MARLIN R. McCALEB ~ Groff Tractor & Equipment, Inc.. 3 . This Court finds that it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and the Plan to amend this Order as may be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the authority set forth in Paragraph l, above. 4. Nothing in this Order requires, and this Order shall not be construed to require, the Plan: A. To provide any type or form of benefits or any option not otherwise provided under the Plan; B. To provide increased benefits (determined on the basis of actuarial value) ; C. To provide benefits to the Alternate Payee which are required to be paid to another alternate payee under an Order previously deterimined to be a Qualified Domestic Relations Order with respect to the Plan. 5. The Participant in this Plan is Jean M. Brown (SSN: 208- 50-6178), born March ll, 1956, whose current address is: 189 Townhouse, Hershey, PA 17033. She was married to Jack S. Brown, the Alternate Payee herein, on December 6, 1985, and they were divorced on the date of this Order. -2- " LAW OFFICES MARLIN R. McCALEB T 6. The Alternate Payee herein is Jack S. Brown (SSN: 164-34. 5911), born July 10, 1941, whose current address is 1010 West Foxcroft Drive, Camp Hill, PA 17011. He was married to Jean M. Brown, the Participant herein, on December 6, 1985, and they were divorced on on the date of this Order. 7. IT IS HEREBY ORDERED AND DIRECTED, that from the benefits which would otherwise be payable to the Participant, the Plan shall pay to the Alternate Payee, or to an account on his behalf, the sum of total $25,000.00 from Participant's vested account balances under the Plan, without interest or adjustment for gains or losses experienced by the Participant's accounts from the date of this Order to the date of payment by the Plan to the Alternate Payee or his account. In no event shall the Alternate Payee's interest include any loan obligation due the Plan from the Participant. The amount determined pursuant to this Paragraph shall provide a benefit for the Alternate Payee under the Plan to be paid directly to the Alternate Payee. The Alternate Payee may elect to receive distribution at the earliest date permitted under the Plan, and in any event no later than the earlier of the date the Participant attains the age of 50 years or the date the Participant becomes entitled to distribution. The Participant's respective vested account balances under -3. .. LAW OFFICES MARLIN R. McCA1..EB the Plan shall be reduced by the amount required to be paid to the Alternate Payee. Said payment may be taken in whole from one, or in parts from more than one, of Participant's vested accounts under the Plan in such amounts or proportions as the Plan Administrator in the exercise of its sole and absolute discretion may determine. The Alternate Payee may elect any form of distribution available under the terms of the Plan Document and applicable law as they may exist at the time distribution is elected. The Alternate Payee shall have the rights of a Plan beneficiary with respect to his account, including the right to provide periodic investment instructions commencing as of the next regularly available investment election opportunity following implementation of this Order, as permitted by the Plan. 8. The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. 9. The undersigned have approved this Qualified Domestic Relations Order, as evidenced by their signatures: ~~~~J Jean Marie Brown CJ~~ Jack Stewart Brown -4-. r-. r--., ~~ Marlin R. McCaleb Attorney for Jean Marie Brown LAW OF'F'lCe::S MARLIN R. McCALEB -5. BY THE COURT, J. t.AW OFFLCES MARLIN R. McCALEB \ , , -17.J1Cu.":;J.! f1.c. ('1) PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this q4-I'\... day of ~6 ' 2000, by and between JEAN MARIE BROWN, of Hershey, Dauphin County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and JACK STEWART BROWN, of the East Pennsboro Township, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 6, 1985; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: LAW OFFICt:S MARLIN R. McCALEB 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place of places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be -2- LAW OFf'"ICe:S MARLIN R. McCALEB done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets before or during their marriage, including household contents, furniture and furnishings, personal belongings, bank accounts and automobiles, and that they have incurred certain debts and obligations during that time, all of which are being distributed and disposed of as hereinafter set forth. 5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets and obligations described in Paragraph 4, above, have been or are_hereby divided and distributed between them as follows: (a) The parties have agreed to divide between them their household goods, contents, furniture and furnishings, as well as personal belongings and bank accounts. Each of the parties hereto hereby relinquishes and disclaims any and all right, title and interest in and to all of such property now in the possession of the other, or which has been agreed to be the property of the other, and each covenant$ and agrees that the other shall be and remain the sole and separate owner of all -3- LAW OFFICES MARLIN R. McCALEB such property from and after the date hereof. (b) Husband relinquishes and disclaims any and all ownership, right, title and interest in and to the 1999 Toyota Solara automobile and Husband agrees that Wife shall be and remain the sole and separate owner of the same. Wife covenants and agrees to assume and pay the full remaining balance of the automobile loan from Members lst Federal Credit Union, having an estimated present balance of $18,614.61, and Wife covenants and agrees to indemnify Husband and save him harmless from all liability or claim on account of said obligation from and after the date hereof. (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in and to the 1997 Chevrolet Corvette automobile and the 1990 Cadillac DeVille automobile and Wife agrees that Husband shall be and remain the sole and separate owner of the same. Husband covenants and agrees to assume and pay the full remaining balance of the automobile loan on the 1997 Chevrolet Corvette automobile from Members 1st Federal Credit Union, having an estimated present balance of $15,589.54, and Husband covenants and agrees to indemnify Wife and save her harmless from all liability or claim on account of said obligation from and after the date hereof. (d) The parties acknowledge that Wife is a participant in the Groff Tractor & Equipment, Inc., 401(k) and .4- LAW OFFICES MARLIN R. McCALEB Profit Sharing Plan, having a value of $68,984.89 as of October 1, 1999, all of which is marital property. Wife covenants and agrees to transfer to an account for Husband the sum of $25,000.00 without interest or adjustment for gains or losses from the date of this Agreement to date of transfer, from said 401(k) and Profit Sharing Plan pursuant to a Qualified Domestic Relations Order, provided that such transfer is approved by her Plan Administrator and will not result in any income tax liability or penalty to Wife. Except as provided in the preceding sentence, Husband relinquishes and disclaims any and all right, title, interest or entitlement in or to any and all of Wife's retirement and/or pension benefits heretofore arising from whatsoever source, and her life insurance policies, if any, and Wife relinquishes and disclaims any and all right, title, interest or entitlement in and to any and all of Husband's retirement and/or pension benefits heretofore arising from whatsoever source, and his life insurance policies, if any, and each party covenants and agrees that all such plans, benefits and policies of each party shall be and remain the sole and separate property of that party. 6. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date .5- of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 7. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 8. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, the right to seek discovery of assets through interrogatories and/or depositions in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each LAW OFF'ICES MARLIN R. McCALEe party of the obligation to the other for any and all of the foregoing possible rights and remedies. Specifically, both .6- LAW OFFICES MARLIN R. McCALEB I parties covenant and agree that: both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, alimony, counsel fees, costs or expens-esTrom the other party; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 9. EFFECT OF DLVORCE DECREE. The partie$ covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force arid effect after such time as a final decree in divorce may be entered with respect to the parties. The parties further covenant and agree that the terms of this Agreement may be incorporated into any decree of divorce Which may be entered with respect to them. However, the parties intend that this Agreement shall not merge with any such divorce decree, but rather shall continue to have independent contractual significance. Each party shall maintain his or her contractual remedies as well as court- ordered remedies as the result of the aforesaid incorporation or as otherwise proV1ded by law or statute. These remedies shall include, but need not be limited to damages resulting from the breach of this Agreement, specific performance of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement with respect to equitable -7- t..AW OI>t="ICES- MARLIN R. MCCALEB distribution of property as set forth in the Pennsylvania Divorce Code or other similar statute now in effect and as amended or hereafter enacted. lO. INDEMNIFICAT~ON FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 11. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 12. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur .8- LAW OF"F"ICES MARLIN R. McCALEB subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divorce pursuant to Section 3301(C) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken. Both parties intend to proceed on a mutual consent basis and both parties agree to execute and file the necessary affidavits of consent and any and all other petitions or documents necessary to effectuate said divorce under Section 3301(c). 13. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 14. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has engaged the services of Marlin R. McCaleb, Esquire, and Husband has had an opportunity to engage the services of legal counsel and has waived that right -9- . or has not disclosed his legal counsel to Wife, and each party has carefully reviewed the terms and conditions of this Agreement (with counsel, if applicable). Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 16. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreemehts and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 17. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WBEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. LAW OFFICES MARLIN R. McCALEB ~~~:::: Jack Stewart Brown -10- LAW OFFICES MARLIN R. McCALEB COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. On this, the <pM. day of .~ 2000, before me, a Notary Public in and f6r the state and county aforesaid, the undersigned officer, personally appeared JEAN MARIE BROWN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I seal. here~~~fiC~::AL) Notary Public Notarial sea~ Public Marlin R. Mccale~ ~b:~and Coonty Mechanics~uiV BO~C::?\r~s Dec. 14, 2002 My CommlsSlon l:.^ . Memb~r, Pennsvlvanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY CUMBERLAND ) OF On this, the J4--m day of MJ1..Y_ 2000, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared JACK STEWART BROWN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~J1G; Notary Public . ~(SEAL) -11- NOTARiAl SEAL . Rhona H. Rice, Notary Public City of Car'!s'e, County of Cumberland My CommIssIon Expires Jun. SO, 2003 >- ~"r.': . or. ~ t'IC:' ;~t.~. cr) co fit :;- 0:: >- >-- ?- :3 b~ '.:.J~ ,::)it :;::s! "':{'g) ~~.iZ 7;<: L.~ i,.Lj i:rJO ::;;;- ::::> u Q>.:.-: <''' -.J ;::; C~ c::, o 8 ~ Z ~ ril ~ 0 :E ~ Z ril 4 Z .,. ...:i "' fo- Z - :s: 0 E~ 8 u "' ~ 4 "' 0 P:; 8Z -' a: 0 -' P:; ~ rilril "' Q. f0- r "' "' ~ "' ~ tfJ:E u a: N z 8 ril ~ "' z ~ z ~ ;; ril 'C P:; >lril u. ~ a: "' H a <'G E~ P:; 0 "' ~ '" Q. ~ '" d P:; cd ." P:;c.!J "' f0- ci - "' a: <'G ril ril<'G -' ~ ~ 4 0: :J :E 8 >'< z "' '" tfJ 0 4 '" "' a: u Z p:; u. N Z << ~ >'< 4 ril U :I: ,.., << u "' ,.., ~ !I .-"'>- " > -. _.- ------"------'--~--~~--- 1 ,r:: .,. , ~_ d' JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - l727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service by certified United States mail, return receipt requested, restricted delivery, on March 22, 2000, as set forth in Affidavit of Service filed herein. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff: June 26, 2000; by Defendant: July 20, 2000. 4. Related claims pending: None. 5. (Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the LAW OF"F'ICES MARLIN R. McCALEB Prothonotary: July 24, 2000. (c) Date Defendant's Waiver of Notice was filed with the ~ , I..AW OFFICES MARLIN R. McCALEB Prothonotary: July 24, 2000. Date: July 24, 2000 -2- ~~~ Marlin R. McCaleb, Esquire Attorney for Plaintiff --. C) co ~~ c:: D ~ q -Un ~ '- f"';lfT; ~ -"''1""':1 ~~; , .?r::-' 1'0 :1, C0~_~: - :,'71::::; (=$;,:- . , ":::.....- 2? ~:~.$;;' ~- ~.-:- -,.., ;;::(-.;' ~- -;'.Jt') ;Sc .;y S 0'" <: :::::> :;;! ::;;} C.,J ::0 ~~ LAW OFFICES MARLIN R. McCALEB , JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JACK STEWART BROWN, Defendant NO. 00- J7d.1 CIVIL ACTION - IN DIVORCE CIVIL TERM 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. If the ground for the. divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~~ Marlin R. McCaleb Attorney for Plaintiff JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00- nJ..l CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is JEAN MARIE BROWN, who currently resides at l89 Townhouse, Hershey, Dauphin County, Pennsylvania l7033, since October 1, 1999. 2. Defendant is JACK STEWART BROWN, who currently resides at l010 West Foxcroft Drive, Camp Hill (East Pennsboro Township), Cumberland County, Pennsylvania 17011, since August 1, 1993. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Derendant were married on December 6, 1985, in the Borough of Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available LAW OFF1Ce;$ MARLIN R. McCALEB and that Plaintiff may have the right to request that the court -2- , require the parties to participate in counseling. 8. plaintiff requests your Honorable Court to enter a decree of divorce. 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 l8 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. ~~~~) J a Marie Brown, Plaintiff Date: ~ ~ , 2000 ~~ Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania l7055 (7l7) 69l-7770 FAX: (7l7) 69l-7772 Attorney for plaintiff LAW OFF"ICES. MARLIN R. McCALEB -3- LAW OFFICES MARL.lN R. McCALEB JEAN MARIE BROWN, Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00- CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Jean Marie Brown, being duly sworn according to law, deposes and says: l. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: \(l"o.~ ~) ~~~~~^2tiff , 2000 - ~ -a a- ~ ~ In ~ 0 0 Do ~ ..:3 l.D ~ c{J E -~ tuQ o~ Cl ft~ o~ J _, :lC ] .L~! g -::(:j '.J-_'_M "'" 0::; 0....:- 2:;/:' <'., :~~~ fu cf.. ti: _:::J:Z ':::iro- N 0::: cr:z cr:H~ U.1UJ #} ~. ~~ CO !:L !-. :c ::;;; u... <::> -j 0 c:> (.) - ""-x: ~ OH UPi! Z ~c:I ~:; ii! ...,0 OU Pi!H Pi! "" ~ H>< E-<Pi! ""Pi! P<tJl U 4-l U Z H~ 4-l .j.J Z~ ZZ HO ....; >:: 00 '" t;; o Pi! :>:> .j.J n:I H:> u '" ~P< HH >:: '1:l E-<H So: Uc:I ....; . >:: Uc:I ~ ~ !- 0 '" 0: Vl '" o . :;;: n:I ~~ Pi! u '" Z N u>< ..:: z ...., . tJlPi! ;;; 0- X "- ~ 0: " 0 E-< H H ~P< to o (J) = 0 '" ::; m ~~ > ~c:I ~E-< ~ ffi t; d I I 0 l:Q Pi! 0 ~ c:I,," - ~ ~ ~ La 0: E-<U Z Z l:Q E-< ZO " Ol ~ 0 0 ~ 0 0: _ Oc:l H H Pi! ~ "- N OZ E-< E-< H E-<'1:l U":: U I U ~ Pi! z~ H ..:: ..:: E-< H..., Pi!~ <:> tJl :t~ = Pi! HOH E-<liJ H H ;;j ~ il"" :> .:> ~ zo HOH Pi! O~ HU UZU I-;l uo Vl Vl o ~ " z ~ ~ > ~ z z '" ~ d 0: :> m Vl u Z " ~ u '" ::; ~-~--.:~~ JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO~TY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - 1727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: ~1.l...Y'.&..::x.o , 2000 ~~ ~~J e n Marie Brown, Plaintiff LAW OFFICES MARLIN R. McCALEB (") 0 0 c <::) -" ~ ~ -rJtJ.: -~ rilr'1 'E Z-n zc;:.: N .'-'," /:9 ~::< - --',-, !:20 --0 ~;~ :;:-....t-, -'- zc"""' ;;::s "'--fT't )>c ~:.:): ,. z :::> ~ =< '''' -< , . JEAN MARIE BROWN, Plaintiff IN THE CbURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 . 1727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2000, and served on my by certified mail on March 27, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: 7--ozt5-<oo , 2000 Qd.sJ~~~ Jack Stewart Brown, Defendant 52 a 0 ~ C> " :;;: '- vcr; ~ ~ . -n mcp -- z........ N --I iJJ ~~ -,::- :~~y .=:::0 kG -.:; ~~:H >'0 :J: '..,.::c; Z - om )>2 r;? ~ z c:> 55 ~ (...> -< . . JEAN MARIE BROAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - 1727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (0) OF THE DIVORCE CODE 1. I consent to the entry of a final decr~e of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section ~4904, relating to unsworn falsification to authorities. Date: ~~ d-(Q , 2000 ~~~) ~ie Brown, Plaintiff LAW OF"F'"ICCS MARLIN R. McCALEB . (") a 0 C a ... T~ veD L.. .~ n'r'-' c: .,- zii r- (;;g :2':""""'-: 1'..> --.ill ~~.: ... .: .~';.::=; , , <c;. :E fS~ ,,~ 200 ~ .=c ~ Pc Z ()' " => ...., =< ="" (-:, :::0 -< . r JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - 1727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 eel 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 oLproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. Section ~4904, relating to unsworn falsification to authorities. Date: 7 -';:;;>0 , 2000 ~~~~~ Jack Stewart Brown, Defendant ... (") c Q c 0 .....:u s:: L- ~ ::PtI,~ = -~:,;,!] . .lr" r- Z:r:; N ~~ p:; z- 05'> .;:- -~);r, -<L.: ~CJ -0 i~~ >-n :x: ::So ~ om J>c: ..., :z :::> 4; -l ~ -< c..:> JEAN MARIE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00 - l727 CIVIL TERM JACK STEWART BROWN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Jean Marie Brown, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the Office of the Prothonotary of Cumberland County, Pennsylvania, on March 22, 2000; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of Civil Procedure, he did serve said Complaint upon Jack Stewart Brown, the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on March 22, 2000, properly addressed to the said Defendant at his place of residence at lOlO West Foxcroft Drive, Camp Hill, PA l70ll, with proper postage attached, certified United States mail (Receipt No. P 977 270 307, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Jack Stewart L.AW OFFICES MARLIN R. McCALEB Brown, Defendant herein, and indicating receipt of said copy of the Complaint on March 27, 2000; that the said certified mail LAW OFFICES MARLIN R. McCALEB receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit nAn. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification. Date: March 30, 2000 ~~ Marlin R. McCaleb -2- L.AW OFFICES MARLIN R. McCALEB ...... ... ... _0 ~.-'l =fTl =0 \D ===r- ~ == - z -IU "' -- ai ~"'-- "0 =1- c:: ;:e;r- ~ =11" ~D.._ ~ ~ " ;; Cl "' ~ ~ -f' 0:8 <ZF .-" ~ . TO: P 977 270 310 Jack Stewart Brown 1010 W. Foxcroft Drive Camp Hill, PA 17011 SENDER: REFERENCE: PS FORM 3600 SEPTEMBER 1995 Postage RETURN RECEIPT SERVICE CertiliedRle Return ReceiptFoo RestriCledDellvery TolalPostageand~ <>;:.. US Postal Service 2 p c{ Receipt for :r. Certified Mail i No Insurance Coverage Provided i Do not use for International Mall :"- , ~...............~..""......~.,...~~-----,-""",.........~....~..... RE: SENDER: Marlit:l R. McCaleb. Esquire 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 j 3. Article Addressed to: Jack Stewart Brown 1010 W. Foxcroft Drive .Camp Hill. PA 17011 r 5. Received By: (print Name) : ~ EXHIBIT "A" ii L _, .. .. uu~.... .' .. .... I also wish to receive the fol1owing service (for an extra fee): RESTRICTED DEUVERY ~ Consult postmaster for fee. 4a. Article Number P 97 7 270 3 1 0 11111111I11111111111I111111111111111111111111111111111111111 CERTIFIED ;; >- co i:..~ ~~'~:2' f:t:\.'_; :..:. ! ...(:,,1 '~c: ,-. . - I.r rf::! t ~- .;';= - :~>:( -'~ Q::5 .~~ 0::::<: U.Jf'-. 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