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HomeMy WebLinkAbout07-0869F \FILES\DATAFILE\General\Cwrent\12406\I3rough Divorce Complaint Created'. 9/20/04 0.06PM Revised: 2/13,07 227PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2007- F L q OA J-J ?t i" ROBERT E. BROUGH, JR., CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 F:\FILES\DATAFILE\General\Current\12406\Brough Divorce Complaint Created: 9/20/04 0.06PM Revised: 2/13'07 2.27PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2007- 9 ROBERT E. BROUGH, JR., CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT Plaintiff, Shelly L. Brough, by her attorneys, Martson et al, sets forth the following: 1 Plaintiff, Shelly L. Brough, is an adult individual residing at 114 Dogwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2 Defendant, Robert E. Brough, Jr., is an adult individual residing at 1104A Pine Road, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married in Cumberland County Pennsylvania on December 15, 1997. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or for annulment between the parties. 6 The marriage is irretrievably broken. 7 The parties possess various items of personal and real property that is subject to equitable distribution through this divorce action. 8 Plaintiff is without sufficient assets to support herself during the pendency of this divorce action. 9 Plaintiff will be without sufficient assets to sustain herself after a divorce decree is entered. 10 Plaintiff does not have sufficient assets to pay for appraisal fees and other costs associated with the divorce action. WHEREFORE, the Plaintiff requests your Honorable Court to Order as follows: A. Direct that the parties be divorced. B. Equitably divide the marital property of the parties. C. Award Plaintiff Alimony Pendente Lite. D. Award Plaintiff Alimony. E. Award Plaintiff reimbursement for costs of appraisal and costs associated with the divorce action. F. Award Plaintiff counsel fees. MARTSON LAW OFFICES Hubert X. ilroy, Esquire Martso eardorff Williams Otto Gilroy and Faller I.D. 2 943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff VERIFICATION I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unworn falsification to authorities. SHELLY BROUGH n ? `z rn r on W N C V O w\ ? ? c cn, G FiFI LES\DATAFILE\GenerahCurrent112406\ I'_406. Lstipulation l Created: 9/20/04 0:06PM Revised: 4/24/07 1 1: 03AM SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, JR., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-869 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION The parties in the above-captioned action hereby agree and stipulate that the Court may sign the attached Order as an Order of Court to address the custody issues in this case. Witness Shelly L. Br gh Witness Robert E. Brough, Jr. F.aFILES\DATAFILE\Gencral\Current\12406\12406.1 stipulation) Created: 9/20/04 0.06PM Revised: 4/24/07 11:03AM SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, JR., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-869 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION The parties in the above-captioned action hereby agree and stipulate that the Court may sign the attached Order as an Order of Court to address the custody issues in this case. Witness Witness Brough Robert E. Brough, Jr. -c Q'1 (?} MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, v ROBERT E. BROUGH, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION LAW NO. 2007 - 76 q IN CUSTODY Defendant PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Shelly L. Brough, Plaintiff is an adult individual currently residing at 114 Dogwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Robert E. Brough, Jr., Defendant is an adult individual currently residing at 1104A Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant seek shared custody of the children, Cody A.B. Brough, born on November 28, 1991, Chase L. Brough, born December 7, 1993, and Zoey M. Brough, born December 19, 1997, per attached Custody Order. 4. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 5. The Plaintiff has no information of a custodyproceeding concerning the child pending in any other court. 6. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to sign an Order consistent with the Stipulation and Proposed Order filed simultaneously with this Complaint. Date: May 29, 2007 MARTSON LAW OFFICES By Hubert X. Gilr , Esquire Ten East Hi Street Carlisle, PA 7013 (717) 243-3341 Attorneys for Plaintiff -1 r VERIFICATION I, Hubert X. Gilroy, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff Shelly L. Brough, in the within action, certify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. 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. ub . Gilroy, Esquire a o 4A to ?' 0 F:4P1 LE5\DATAFI LE\General\Current\ 12406\ 12406.1. order l Created: 9/20/04 0.06PM Revised: 4/24107 I0:57AM UN O 7 2007 Al SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-869 CIVIL ACTION - LAW ROBERT E. BROUGH, JR., Defendant. JURY TRIAL DEMANDED ORDER OF COURT AND NOW this ry' day of Qom. , 2007, upon consideration of the attached Custody Stipulation, it is ordered and directed as follows: 1. The father, Robert E. Brough, Jr., and the mother, Shelly L. Brough, shall enjoy shared legal custody of Cody A.B. Brough, born November 28, 1991; Chase L. Brough, born December 7, 1993; and Zoey M. Brough, born December 19, 1997. 2. The mother and father shall enjoy shared physical custody of the minor children. 3. Unless agreed otherwise by the parties, the physical custody arrangement shall be handled as follows: a. The parties shall share custody on a week on/week off basis with the time of exchange of physical custody being every Friday at 5:00 p.m.; b. During weekdays on Tuesday and Wednesday evening, the non-custodial parent shall have custody of the minor children from 5:00 p.m. until 8:00 p.m.; and, c. The parties may, between themselves, agree to modify this custody schedule if the parties reach an agreement. Absent a specific agreement between the parties on a schedule, the schedule set forth in this Order shall control,. 4. In their capacity as having shared legal custody and shared physical custody, both parents are entitled to receive all relevant information concerning the children including all medical, school, and similar records. Additionally, each parent shall keep the other parent aware of and involved in all health, school, and extra curricular activities, such as music recitals. Both parents shall be entitled to attend all extra curricular activities for the children, and both parents shall be under the obligation of informing the other parent with respect to any activities. 1 s f?.s y C ? : ! old ? i HAP LOU Ate C ,`4. : a 3HiO "A 1. j( T 1 5. In dealing with schools, healthcare providers, etc., both parents shall designate the other parent as the emergency contact individual. 6. This Order is entered pursuant to the attached Stipulation and represents an agreement of the parties. In the event either party desires to modify this Order at some point in the future, that party may petition the Court for such a modification. cc: Hubert X. Gilroy, Esquire Mr. Robert E. Brough, Jr. .? G -n) Y- o 7 '7? AMLEWlieats\12406\12406.1.PET I Created: 9/20/04 0:06PM Revised: 8/29108 1 I :00AM Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v ROBERT E. BROUGH, JR., Defendant : NO. 2007-869 CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF Plaintiff, Shelly L. Brough, by her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: Plaintiff , Shelly L. Brough, is an adult individual residing at 114 Dogwood Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2 Defendant, Robert E. Brough, Jr., is an adult individual residing at 1104A Pine Road, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant are the natural parents of Cody A.B. Brough, born November 28, 1991, Chase L. Brough, born December 7, 1993, and Zoey M. Brough , born December 19, 1997. 4 The parties are husband and wife and have been separated since November 2005. 5 Pursuant to an agreement reached by the parties, this Court entered an Order on June 14, 2007 giving the parties shared legal custody of the three minor children with the parties sharing physical custody on a week on/week off basis. 6 The parties have generally followed the June 14, 2007 Order over the past fourteen months. 7 Circumstances have arisen which merit the immediate modification of the Custody Order, those circumstances being as follows: A. The minor children have been consistently suggesting to the mother that father is drinking heavily when they are in his custody and that they are uncomfortable with his activities. B. On August 25, 2008, one of the minor children contacted the mother and indicated the father was drinking heavily and that he had essentially told the children to leave the home. The mother went to the father's home and picked up the children. As she drove away, the father got into his vehicle and chased the mother down Pine Road attempting to stop her and/or drive her off the road. One of the children called 911 and was in contact with the State Police while this incident was happening. Father required mother to run stop signs and go at speeds in excess of 70 miles per hour on Pine Road to get away from father. Father subsequently abandoned the chase of mother once mother made contact with the Pennsylvania State Police. Apparently, father then drove to mother's home and was parked outside of mother's home attempting to get into mother's home. Mother, prior to going back to her home with the three minor children, saw father was at the home and alerted the Pennsylvania State Police. The Pennsylvania State Police went to mother's home and subsequently arrested the father for driving while under the influence, harassment and public drunkenness. Those charges to mother's knowledge are pending at this time. C. The children have expressed a desire to live with mother on a primary basis. D. Mother wants the father to enjoy a relationship with the children, but mother believes the father is currently in a situation where he is incapable of taking care of the children. Mother requests that this Court issue a TEMPORARY Order granting her primary physical custody of the three minor children and referring this case to the Custody Conciliator for an expedited Conciliation Conference. 9 It would be mother's position at the Conciliation Conference that the father could have visitation with the children as long as there was a specific provision that father would not consume alcohol while he has custody of the children and as long as there was provision requiring father to undergo an alcohol evaluation and receive counseling as needed. Mother's position will also be that she should be the primary custodian in light of the current situation and the recent events. 10 The above action is a divorce action and also included a claim for custody which resulted in the Court Order which is attached hereto and marked as Exhibit `A'. 11 No attorney has entered an appearance for the Defendant Robert E. Brough, Jr. and counsel for the Plaintiff has not received any communications from any attorney representing the Defendant. Accordingly, there was no opportunity to seek a concurrence of the opposing party prior to filing of this Petition. WHEREFORE, the Plaintiff requests your Honorable Court to issue an Order of Special Relief granting her primary custody on a temporary basis pending the scheduling of a Custody Conciliation Conference. MARTSON LAW OFFICES Byj?? atie J. VWilliams ire Martson Otto Gilroy and Faller I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff F \F1 LES\DATAFILE\Genera1\Currhn\I2406t12406.I. orderI Creed. ')i20'04 0 06PM Re,,sed. 1,'4;07 1057AM JUN ® 9 n00. SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-869 CIVIL ACTION - LAW ROBERT E. BROUGH, JR., Defendant. JURY TRIAL DEMANDED ORDER OF COURT AND NOW this /J day of 2007, upon consideration of the attached Custody Stipulation, it is ordered and directed as follows: 1. The father, Robert E: Brough, Jr., and the mother, Shelly L. Brough, shall enjoy shared legal custody of Cody A.B. Brough, born November 28, 1991; Chase L. Brough, born December 7, 1993; and Zoey M. Brough, born December 19, 1997. 2. The mother and father shall enjoy shared physical custody of the minor children. 3. Unless agreed otherwise by the parties, the physical custody arrangement shall be handled as follows: a. The parties shall share custody on a week on/week off basis with the time of exchange of physical custody being every Friday at 5:00 p.m.; b. During weekdays on Tuesday and Wednesday evening, the non-custodial parent shall have custody of the minor children from 5:00 p.m. until 8:00 p.m.; and, c. The parties may, between themselves, agree to modify this custody schedule if the parties reach an agreement. Absent a specific agreement between the parties on a schedule, the schedule set forth in this Order shall control. 4. In their capacity as having shared legal custody and shared physical custody, both parents are entitled to receive all relevant information concerning the children including all medical, school, and similar records. Additionally, each parent shall keep the other parent aware of and involved in all health, school, and extra curricular activities, such as music recitals. Both parents shall be entitled to attend all extra curricular activities for the children, and both parents shall be under the obligation of informing the other parent with respect to any activities. EXHIBIT A 5. In dealing with schools, healthcare providers, etc., both parents shall designate the other parent as the emergency contact individual. 6. This Order is entered pursuant to the attached Stipulation and represents an agreement of the parties. In the event either party desires to modify this Order at some point in the future, that party may petition the Court for such a modification. Judge cc: Hubert X. Gilroy, Esquire Mr. Robert E. Brough, Jr. MV MAI Saw ?4v It r L! ? ? I T I. I I L C S\DATA F I LL \(3enera1\CmTent\ 1 '400\1 _400.1 tipulavcn I Created. •) :d 04 0tk PM Kecued. 4::4.0 7 1 103 AM SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, JR., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?007-869 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION The parties in the above-captioned action hereby agree and stipulate that the Court may sign the attached Order as an Order of Court to address the custody issues in this case. Witness Witness helly L. Br gh Robert E. Brough, Jr. c ,r I ''.FILL S'.D.{TAFILCCjcnerai\Curzencll'406\ I'4oo. 1 s11pulan0111 Created .t'd-04 Q 3,P\1 hc,sed 1.'4.017 11 '3AAt SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, JR., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?007-869 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION The parties in the above-captioned action hereby agree and stipulate that the Court may sign the attached Order as an Order of Court to address the custody issues in this case. Witness Witness VERIFICATION The foregoing Pleading is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. SHELLY L. OUGH ?'' C ? } ?:? " ?' 7 -- t','7 Y7 '_'(]'.x ?.. ?, ?.. 7 "}. ""x i:$ ...- ,? t.. fl ?.. ?..,f "? 1 S 6? ?..._. G ? .?.6.i ?+e. ??. "f'? C.a? I f.1 ?.:._:. -? #"Y?"1 {?L? w+?? _ .:-? F: TILES\CGents\ 12406\ 12406. LPET I Created: 9/20/04 0:06PM Revised: 8;29,08 11:00AM Hubert X. Gilroy, Esquire AUG 2 9 2008p Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2007-869 ROBERT E. BROUGH, JR., CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW this Z T day of T 6,-- , 2008 , upon consideration of the attached Petition for Special Relief, it is ordered and directed as follows: 1. This Court's prior Order of June 14, 2007,is modified on a TEMPORARY basis such that the mother, Shelly L. Brough, shall have custody of the minor children Cody A. B. Brough, born November 28, 1991, Chase L. Brough, born December 7, 1993, and Zoey M. Brough, born December 19, 1997. 2. The Court Administrator is directed to refer this matter to a Custody Conciliator for the scheduling of a Custody Conciliation Conference on an expedited basis. 3. Legal counsel for the Plaintiff shall serve a copy of this Order along with an Order scheduling the Custody Conciliation Conference on the father. 4. At the Custody Conciliation Conference, the Custody Conciliator may recommend such Order as they feel appropriate to this Court for further consideration of this case. '0q ?, Judge K in A. Hess cc: A/Catie J. Maxwell, Esquire :Z. Robert E. Brough n SHELLY L. BROUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. BROUGH JR. DEFENDANT 2007-869 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, September 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 12, 2008 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. /A6 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,k? Ali o 0 1 . ,d S" "l, -?'J vGa? ,?-p 15 > OuD8 t, SHELLY L. BROUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-869 CIVIL ACTION - LAW ROBERT E. BROUGH, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / L " day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 14, 2007 is hereby temporarily suspended. 2. For the next thirty (30) days, the following shall remain in effect: 3. The Mother, Shelly L. Brough and the Father, Robert E. Brough, Jr., shall have shared legal custody of Cody A.B. Brough, born November 28, 1991, Chase L. Brough, born December 7, 1993 and Zoey M. Brough, born December 19, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall temporarily have primary physical custody of the children. 5. Father shall have the following periods of partial physical custody: Y Y?./- ..y ?ItOV ` J 3AL A. Beginning September 19, 2008 alternating weekends from Friday after school to Monday at 6:00 p.m. B. Every Wednesday from after school to 8:30 p.m. C. Such other times as the parties agree. 6. Within the next 30 days, Father shall obtain a Drug and Alcohol Evaluation. Father shall sign a release with the D&A evaluator so that he/she may speak to Mother about Father's drinking patterns. Father shall abide by all recommendations of the D&A evaluation. 7. Father may not consume alcohol immediately prior to or during his periods of physical custody. The parties shall have liberal telephone contact with the children. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for October 16, 2008 at 8:30 a.m. BY THE COURT, 14 Kevin . Hess, / J. cc:,Katie J. Maxwell, Esquire, Counsel fo other .Xo'bert E. Brough, Jr., pro se 1104 A Pine Road Carlisle, PA 17013 v t OF?? 09- iL-o SHELLY L. BROUGH, Plaintiff V. ROBERT E. BROUGH, JR., Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-869 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A.B. Brough November 28, 1991 shared Chase L. Brough December 7, 1993 shared Zoey M. Brough December 19, 1997 shared 2. A Conciliation Conference was held in this matter on September 12, 2008, with the following in attendance: The Mother, Shelly L. Brough, with her counsel, Katie J. Maxwell, Esquire, and the Father, Robert E. Brough, Jr., pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated June 14, 2007 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. q -/ a -0 s/ I . Date Jac eline M, Esquire Custody Conciliator Lk OCT 21 2008 SHELLY L. BROUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-869 CIVIL ACTION - LAW ROBERT E. BROUGH, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this o oAll (day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 41 , o the Cumberland County Court House, on the ` day of , 209, at / ; 36 o'clock, /0 . M.. at which time testimony wi be taken. Mr purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 16, 2008 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin . Hess, J. cc: tie J. Maxwell, Esquire, counsel for -'Robert E. Brough, Jr., pro se 1104 A Pine Road Carlisle, PA 17013 (2O? ry I ? I ELf. CIL 101aa f os Col) ` C jE C:) U r.? SHELLY L. BROUGH, Plaintiff V. ROBERT E. BROUGH, JR., Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-869 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A.B. Brough November 28, 1991 Mother Chase L. Brough December 7, 1993 Mother Zoey M. Brough December 19, 1997 Mother 2. A Conciliation Conference was held October 20, 2008 with the following individuals in attendance: The Mother, Shelly L. Brough, with her counsel, Katie J. Maxwell. Esquire, and the Father, Robert E. Brough, Jr., pro se. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated September 16, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday and every Wednesday after school to 8:30 p.m. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with the Wednesday after school only be for Zoey until 5:30 p.m. so she can have her piano lesson at Father's. Mother asserts that Father is an alcoholic and the children are not safe with him. 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody which is what the arrangement was prior to the Order of September 16, 2008. Father asserts that he obtained a Drug and Alcohol evaluation and is attending outpatient counseling and AA meetings. He maintains that he is not a safety threat to the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. 10_,;?l-011Y Date Jac eline M. Verney, Esquire Custody Conciliator SHELLY L. BROUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-869 CIVIL ROBERT E. BROUGH, JR., Defendant IN CUSTODY ORDER AND NOW, this 2 day of January, 2009, after hearing and careful consideration of the testimony adduced, our temporary order of August 29, 2008, is VACATED, and the order of court dated June 14, 2007, is REINSTATED. /1-r,atie Maxwell, Esquire For the Plaintiff /Robert E. Brough, Jr. 1104 A Pine Road Carlisle, PA 17013 :rlm l? LL t ES /'? t /,zla4 BY THE COURT, Kevin .Hess, J. c :c add z i uvf nZ Jt8VJQ%iOi-W8d 3U .40 goj: RTILES\Clients`,12406 Brough` 12406.1.M0t2ApptMaster Created: 9/20/04 0:06PM r Revised: 11/20/09 1 L27AM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07--S-3r CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Shelly L. Brough, Defendant, moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment (x) Alimony ( ) Alimony Pendente Lite (x) Distribution of Property ( ) Support (x) Counsel Fees (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by himself. (3) The statutory grounds for divorce are: .2 year separation (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action does not involve complex issues of law or fact. 1 (6) The hearing is expected to take I day. (7) Additional information, if any, relevant to the motion: None MARTSON LAW OFFICES By__ V?' Hubert X. ilroy, Esquire MARTSON LAW OFFICES I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November L, 2009 Attorneys for Defendant ! IEL, vii i?k1,l THE PF.')THnk, l()TARY 2009 NOY 20 FM 3: 13 SHELLY L. BROUGH, Plaintiff, V. ROBERT E. BROUGH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-, --- $4o q CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, this o day of 2009, 1??? Esquire is appointed Master with respect to the following claims: 7 By th ourt: udge S 1?? 11? ?xx'?"'9 L?- J ?e 11? bou A h y Co' MOO Yr C 0 ? cvxo?Li i?VJ 6 Ci v 0 10 ri?t 1 j + 4?J fA e ?1D?S 60V cv-D r 'A OV3 e-A IDM leOA6L FILE-':1 rive ENE PRTH"NOTARY 2009 DEC 79 PM 12: 16 FNTV PENINSYLVANA I•, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY L. BROUGH, Plaintiff Vs File No. 2007-869 co ROBERT E. BROUGH, JR., Defendant IN DIVORCE 92 NOTICE TO RESUME PRIOR SURNAME x Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated 2010, hereby elects to resume the prior surname of Brandt, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date:August 30, 2010?? "SHELLY .BROUGH SHELLY,L/. BRANDT COMMONWEALTH OF PENNSYLVANIA COUNTY" OF CUMBERLAND On the _e) O day of August, 2010, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my h And hereunto set my hand and official seal. 1 ,/ Notary Public $N,oo P15 AVY !otc?oy C ~- L;fH OF PENNSYLVANIA Notarial Seal ?-?aa9ro Notary ublic ryo o?cond Carlisle a County Ef c;9/7yyy My Commission Expires . 5, =3 Member, Pennsylvania Association of Noted" Created: 7130/04 9:12AM Revised: 12/20/10 3:45PM o Hubert X. Gilroy, Esquire z r CV _- rn I.D. 29943 ('of- ? rn MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER r-i W ? Ten East High Street Vl .? ° Carlisle, PA 17013 2:0 C3 z (717) 243-3341 Attorneys for Plaintiff c' c``n "e SHELLY L. BRANDT, formerly IN THE COURT OF COMMON PLEAS OF SHELLY L. BROUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v CIVIL ACTION LAW ROBERT E. BROUGH, JR., : NO. 2007 - 869 Defendant : IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 15, 2007. 2. The marriage of Plaintiff and 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. 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. § 4904 relating to unsworn falsification to authorities. Date: .3la Shelly L. andt, Plaintiff Created: 7/30/04 9:12AM Revised: 12/20/10 3:47PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C o r- Z7, rnco ? - am X7,0 r a• rn r- MM < Qcm x c:) c:)-n ) C-? cn w -: SHELLY L. BRANDT, formerly SHELLY L. BROUGH, Plaintiff v ROBERT E. BROUGH, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2007 - 869 IN CUSTODY Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) 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. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: helly L. andt, Plaintiff t Crated: 7170104 9:12AM Revised' 12/20110 7:48PM C , `r) am M Hubert X. Gilroy, Esquire Z= ?r- I.D.29943 ."'?D a© MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER BCD Ten East High Street zC _ r Carlisle, PA 17013 a ? .. .? M (717) 243-3341 N Attorneys for Plaintiff SHELLY L. BRANDT, formerly IN THE COURT OF COMMON PLEAS OF SHELLY L. BROUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION LAW ROBERT E. BROUGH, JR., : NO. 2007 - 869 Defendant : IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 15, 2007. 2. The marriage of Plaintiff and 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. 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. § 4904 relating to unsworn falsification to authorities. Date: ? " ? U - / ` Robert E. Brough, Jr., Defen ant Created: 7/30104 9:I2AM Revised: 12/20110 3:47PM - c? = -n Hubert X. Gilroy, Esquire v -1 I.D. 29943 zm - r= -- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER _ a r mr Ten East High Street rz `a o Carlisle, PA 17013 a (717) 243-3341 Attorneys for Plaintiff Cn SHELLY L. BRANDT, formerly IN THE COURT OF COMMON PLEAS OF SHELLY L. BROUGH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : CIVIL ACTION LAW ROBERT E. BROUGH, JR., : NO. 2007 - 869 Defendant : IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 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. 1 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. o Date: Robert E. Brough, Jr., efe ant v F:1FMM\C1ienta\12406 Brandt.Brough\12406.1.marital settlement agreement F{ L E 1.1- O I• F I r E Crean: 7,0/04 9:12AM OF THE PROTHONOTARY Revised: I2/ZUM 10:I1AM 2311 MAR 31 PM 1: 30 Hubert X. Gilroy, Esquire CUMBERLAND COUNTY I.D. 29943 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BROUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION LAW ROBERT E. BROUGH, JR., : NO. 2007 - 869 Defendant : IN CUSTODY MARITAL SETTLEMENT AGREEMENT THIS MARITAL ETTLEMENT AGREEMENT, made this ?y day of /IZstt- 4 A?,y and between Shelly L. Brandt, formerly Shelly L. Brough, 325 West Ridge Street, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as"Wife") and Robert E. Brough, of 1104-A Pine Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"): WITNESSETH: WHEREAS, the parties were married on December 15, 1997, in Pennsylvania; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and ' uitable distribution of real and personal property; --. settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. 1 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. 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 occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 15, 2007, at the above captioned term and number, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the 3 property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all 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 or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and P. Richard Wagner, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is 4 familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party also acknowledges that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 5 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. Husband agrees to give the following items of personal property to Wife: W MK t ? vskwrr c?'?++?r-Me? ?..i +? 0,1 3, 1 8 b34W -?1 {io C4 ,44en- •, 4"0 . 2. Air Hockey Table. 3. One of the slot machines. 4. Blue glass Collection. 6 5. Loom, Bench and Shuttles. 6. Tanning Bed. 7. Two Shelves (One wicker and another knick-knack shelf). 8. Boys' Hess Trucks. 9. Home movie tapes so that she can make a copy and return one set to husband-she will pay to have copied). There are approximately 20-30 of these. Wife hereby agrees to give the following items of personal property to Husband: A. A ring that is on a key chain in the possession of the wife. B. A watch that Husband received from a friend that has a railroad insignia on it. 12. DIVISION OF REAL PROPERTY: The parties will handle real estate as follows: A. The real estate at 1104-A Pine Road which is currently titled in Husband's name shall remain titled in Husband's name and shall be the exclusive property of Husband. By this agreement, Wife waives any claim to said real estate and agrees to execute any and all documentation, as required, to verify that she has no claim on said real estate. B. The real estate titled in Husband's name at 1866 Walnut Bottom Road shall be conveyed to Wife. Husband shall execute a deed contemporaneous with the signing of this agreement whereby said real estate shall be conveyed into Wife's name. Husband waives any claim against said real estate and agrees to execute any and all additional documentation, as required, to confirm that he has no claim on said real estate. Husband represents that there are no liens, mortgages or incumbrances on the real estate at 1866 Walnut Bottom Road. it 14" lr.h 4 S Wo.( ? L 47.10 C20 +i mw. s 4,t't4.s 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: With respect to motor vehicles, the parties agree as follow: A. There is a truck that is in joint names in the possession of Husband. Wife will execute all necessary documentation to transfer ownership of that vehicle to Husband. OF B. There is a van in the possession of the Husband which is in}eint names and Wife will ft- execute documentation conveying title to that vehicle to 11mband. WIRS. C. There is a 1971 convertible in the possession of Husband which Iesband will execute documentation to convey title to ft'14 and shall obUiki ppossession of that vehicle. (14 M 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2010. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in 8 connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party waives any and all claims or rights they may have to any pension or retirement accounts titled in the other parties name. 9 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 10 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause 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 and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 11 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and j2: W NESS COMMONWEALTH OF PENNSYLVANIA Aga. Z&rze!? (SEAL) belly L. a d , formerly Shelly L. Brough (SEAL) obert E. Broug , r. : SS COUNTY OF CUMBERLAND ao?I On this, day of fn v? ,20I$'before me a Notary Public, personally appeared Shelly L. Brandt, formerly Shelly L. Brough, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and off ial seal ._ 0 MONUMALTH eF PENNSYLVANIA 1?z P lic Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 5, 2013 Member, Pennsylvania Association of Notaries 12 year first above written. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND GG On this, the A DD day of VC , A lbefore me, a Notary Public, personally appeared Robert E. Brough , Jr., known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COMMONVVEALI H OF PENNSYLVANIA =Shelly rial Seal s, Notary PubliC umberland County Expires Aug. 5, 2013 Member, Pennsyh: r.ia Hesociation of Notaries Lob otary u lic 13 w-, ? C C= SHELLY L. BROUGH, THE COURT OF COMMON PLEAPCOF-- -? Plaintiff CUMBERLAND COUNTY, PENNa919IAReA Mr Xr- vs. NO. 07 - 869 CIVIL -- • C.-I-6 ROBERT E. BROUGH, JR., C-) ; C) Defendant IN DIVORCE ? cD ORDER OF COURT AND NOW, this day of , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 28, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Hubert X. Gilroy Attorney for Plaintiff P. Richard Wagner Attorney for Defendant Kevin Hess, P.J. copies Ma)-Ud 'q11 / // OK$ Created: 7/30/04 9:12AM Revised: 3/28/ 1 1 4:48PM IF THEPRO HONo T ?,,r 1011 APR I I PM l : 33 Hubert X. Gilroy, Esquire CUMBERLAND COUNT f, I.D. 29943 PENMSYLVAQ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHELLY L. BRANDT, formerly SHELLY L. BROUGH, Plaintiff v ROBERT E. BROUGH, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2007 - 869 IN CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Via First Class Mail Certified Receipt, see attached Exhibit `A'. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; March 28, 2011; by the Defendant; March 28, 2011. (b)(i) Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (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 §3301(c) Divorce was filed with the Prothonotary: March 29, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 29, 2011. MARTSON LAW OFFICES Ten East High Stre Carlisle, PA 17013 (717) 243-3341 Date: April , 2011 Attorneys for Plaintiff ? ?Pfiq?' ItAr?i ? d p+ I Prlr>? ' pant so t ai e A aan or°on: f1xt 1. ArtIcI&A&r*SM d tj: {{ R? lM ttrtr a ?Ar"N,O.? 700 r ?swvko 11?4 $ ; IS Form 3$11, February 2004 Dw=ft Pot 4n UNITED STATES vo FEB. 22 .7 • Sender Please print your name, address, and ZIP+4 In this box • MARnON LAW 4F"CES 10 Facet High Street Carlisle, PA 17013 G ?? ? ?1f1II11ItI111ift11itit{I/tlitfilltl?f?ttft??'lfllil?t?ltl1i111 EXHIBIT -A-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY L. BRANDT (formerly BROUGH) . V. ROBERT E. BROUGH, JR. NO. 2007-869 DIVORCE DECREE AND NOW, Ap n "I I q it is ordered and decreed that SHELLY L. BRANDT (formerly BROUGH) plaintiff, and ROBERT E. BROUGH, JR. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated March 28, 2011 is incorporated into this Order. By the Court, (+aDPy .;tad 4 o3tq roy N h'oe 4 copy moaW 1od4f,