HomeMy WebLinkAbout97-00359
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AGREEMENT
Between
NANCY RUTH BRYHESSER
and
ALLEN LEROY BRYHESSER
William 5, Daniels, Esquire
Counsel for
Nancy Ruth Brymesser,
PI aintiff
Allen Leroy Brymesser
Pro Se,
Defendant
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AGREEMENT made this ~~ day of May, 1997, by
and between NANCY RUTH BRYMESSER ("Wife") and ALLEN LEROY
BRYMESSER ("Husband").
W-I-T-N-E-S-S-T-H
WHEREAS, the parties hereto are Husband and Wife, having
been married on August 26, 1972 in Cumberland County,
Pennsylvania. All children born as a result of this marriage,
are emancipated adults.
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and the parties have
decided that their marriage is irretrievably broken, and it is
the intention of Husband and Wife to live separate and apart for
the rest of their natural lives, 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: the ownership and equitable
distribution of marital property; the past, present and future
support, alimony, alimony pendente lite and maintenance of Wife
by Husband or of Husband by Wife; and in general, any and all
claims and possible claims by one against the other or against
their respective estates.
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
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Wife, each intending to be legally bound hereby, covenant and
agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to bar the rights of
Husband or Wife to a divorce or to such 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 which have occurred prior to or which may occur
subsequent to the date hereof. The parties intend to secure a
no-fault divorce pursuant to the provisions of Section 3301{c) of
the Pennsylvania Divorce Code of 1980, as amended; in support of
said intention they mutually confirm that they have lived
separate and apart from each other continuously since on or
before June IS, 1996, and that Complaint in Divorce was filed in
the Court of Common pleas of cumberland County, Pennsylvania, on
January 22, 1997, docketed to No. 359 Civil 1997.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless 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.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE
Upon either of the parties' recovering a final judgment or
decree of absolute divorce against the other in a court of
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competent jurisdiction, the provisions of this Agreement shall be
incorporated by reference or in substance but shall not be deemed
merged into such judgment or decree. This Agreement shall
survive any such final judgment or decree of absolute divorce,
shall be entirely independent thereof, and the parties intend
that all obligations contained herein shall retain their
contractual nature in any enforcement proceedings in any
jurisdiction, whether enforcement is sought in an action on the
contract itself or in any enforcement action filed to the divorce
caption.
4. ADVICE OF COUNSEL
The parties acknowledge that they have been fully i.nformed
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, Wife has been represented by
william S, Daniels, Esquire. Husband has chosen not to retain an
attorney notwithstanding the fact that the attorney for Wife has
told him that he has an absolute right to be represented by an
attorney. Husband has chosen instead to negotiate directly with
counsel and with his Wife. Husband hereby acknowledges that he
has done so willingly and that he fully understands the facts and
has been fully informed and understands that had a Court decided
this matter, he may have received more or less than is provided
for in this Agreement. Husband knowingly waives his right, if
any, to utilize the lack of his legal representation as a basis
to attack the validity of this Agreement. Both parties further
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acknowledge and agree that each has fully disclosed their
respective financial situations to the other, including their
assets, liabilities and income. Each of the parties acknowledges
and agrees that, after having received such information and with
such knowledge, they confirm that he or she fully understands the
terms, conditions and provisions of this Agreement and believes
them to be fair, just, adequate and reasonable under the existing
circumstances. The parties further confirm that each is entering
into this Agreement freely, voluntarily and in good faith and
that the execution of this Agreement is not the result of any
duress. undue influence, coercion, collusion or improper or
illegal agreement or agreements.
S. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live
separate and apart. They shall be free from any contract,
restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were 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. Wife and Husband shall
not molest, harass, disturb or malign each other or the
respective families of each other nor compel or attempt to compet
the other to cohabit or dwell by any means whatsoever with him or
her.
6. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
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A. Each party hereby absolutely and unconditionally
releases and forever discharges the other and the estate of the
other for all purposes from any and all rights and obligations
which either may have or at any time hereafter have for past,
present or future support or maintenance, alimony pendente lite,
alimony, equitable distribution, counsel fees, costs, expenses
and any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including
all rights and benefits under the Pennsylvania Divorce Code of
1980, its supplements and amendments, as well as under any other
law of any other jurisdiction. except and only except all rights.
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision
thereof. Neither party shall have any obligation to the other
not expressly set forth herein.
B. Each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any
and all rights, claims, demands or obligations arising out of or
by virtue of the marital relationship of the parties or
otherwise, whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims
arise out of any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow's
rights. family exemption or similar allowance, or under the
intestate laws. or the right to take against the spouse's will,
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or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, Commonwealth or territory of
the United states. or any other country. It is expressly
understood, however, that neither the provisions of this release
nor the subsequent entry of a divorce decree are intended to
defeat the right of either party to receive any insurance
proceeds at the death of the other of which she or he is the
named beneficiary (whether the beneficiary designation was made
prior or subsequent to execution hereof), nor to defeat the right
of either party to receive any legacy, bequest or residuary
portion of the other's estate under his or her will, or to act as
personal representative or executor if so named by the will of
the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause of action for divorce which
either party may have or claim to have, and except for the
obligations of the parties contained in this Agreement and such
rights as are expressly reserved herein, each party gives to the
other by the execution of this Agreement an absolute and
unconditional release and discharge from all causes of action,
claims, rights or demands whatsoever, in law or in equity, which
either party ever had or now has against the other.
7. FINANCIAL DISCLOSURE
A. The parties have disclosed to each other and they
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are each aware of the extent of each other's income, assets,
liabilities, holdings and estate,
B. Each of the parties has been independently advised
of and is fully cognizant of his or her respective rights to a
full and fair disclosure of the financial status of the other
prior to the execution of this Agreement. Wife and Husband
represent and warrant that they have disclosed to each other in
full their respective assets, liabilities and income; that they
are each aware of the extent of each other's financial situation;
and that this Agreement was negotiated and entered into on the
basis of the financial status so represented. The parties both
confirm that each of them is knowingly and intelligently waiving
his or her respective rights to any further enumeration or
statement thereof; and that in executing this Agreement, each
forever waives any future right to set aside the said Agreement,
or to defend against its enforcement or any portion thereof based
upon the other's financial status, or based upon any claim that
it is inequitable, unconscionable or does not make a reasonable
provision for one or the other of them,
8. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall
be valid unless in writing and signed by both parties.
9. LAW AND JURISDICTION APPLICABLE
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania,
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10. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
11. INTEGRATION
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
12. OTHER DOCUMENTATION
Husband and Wife covenant and agree that they will forthwith
and within at most ten (10) days after demand therefor execute
any and all written instruments, assignments. releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this
Agreement.
13. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall
neither affect in any way the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent
default of the same or similar nature, nor shall the waiver of
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any breach of any provision hereof be construed as a waiver of
strict performance of any other obligations herein,
14. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in
this Agreement shall be deemed to be a separate and independent
covenant and agreement. 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.
Likewise, the failure of any party to meet his or her obligations
under anyone or more of the paragraphs herein, with the
exception of the satisfaction of any conditions precedent, shall
in no way avoid or alter the remaining obligations of the
parties.
15. CONTRACT INTERPRETATION; COSTS AND ATTORNEYS' FEES
For purposes of contract interpretation and for the purpose
of resolving any ambiguity herein, wife and Husband agree that
this Agreement was prepared jointly. Costs of drafting this
Agreement and for no-fault divorce in Cumberland County,
Pennsylvania, contemplated following execution of this Agreement
shall be borne by Wife. Attorneys' fees for individual counsel
of parties' selection shall be respectively borne by Wife and
Husband as undertaken.
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16. WAIVER OF ALIMONY
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Wife and Husband do hereby waive, release and give up any
rights which either may have against the other to receive alimony
or other post-divorce maintenance or support, It shall be
following the execution of this Agreement by both parties and
from the date of their decree in divorce, the sole responsibility
of each of the respective parties to sustain themselves
individually without seeking any further support from the other
party.
17. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
A. The 1992 Toyota titled in joint names shall hereafter
become the sole and exclusive property of Wife, subject to Wife's
continued payment of all monthly installments on Account #
20189500001 until payment in full to the M & T Corporation, P.O,
Box 4649, Buffalo, NY 14240-4649. lienholder, and the maintenance
at her expense of automobile insurance as appropriate.
B. Any and all other motor vehicles shall become the sole
and exclusive property of Husband, subject to liens and
encumbrances, if any, and automobile insurance thereon for which
Husband hereby assumes full responsibility.
C, The parties agree to execute any documents necessary to
effect the provisions of this Paragraph, and to deliver said
documents to the party entitled to receive same pursuant hereto
upon the corresponding transfer date.
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D. It is intended that those vehicles having documents of
title in the hands of the holder of a lien or encumbrance thereon
shall be conveyed subject to any such lien or encumbrance. The
parties agree that they shall coordinate with such lienholder,
and execute such documents as may be required to timely transfer
title thereon.
18. TANGIBLE PERSONAL PROPERTY
Wife and Husband mutually agree that they have effected a
satisfactory division of their furniture, household furnishings,
appliances, and other household and personal property between
them; they mutually agree that each party shall, from and after
the date hereof, be the sole and separate owner of all such
tangible personal property presently in his or her possession,
whether said property was heretofore owned jointly or
individually by the parties hereto; and this Agreement shall have
the effect of an assignment or receipt from each party to the
other for such property as may be in the individual possession of
each of the parties hereto. with the effective date of said bill
of sale being the date of this Agreement.
19. OTHER PROPERTY DISTRIBUTION PROVISIONS
A. WAIVER OF RETIREMENT BENEFITS, Wife and Husband hereby
specifically release and waive any and all interest, claim or
right that she or he may have to any and all retirement benefits
(including pension and profit sharing benefits) or other similar
benefits of the other party, subject, however, to the division
into equal share between Wife and Husband of the Phoenix IRA
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Account' 12010513 and the phoenix Personal Investment Account .
12010624 (both now under the name of Allen L. Brymesser). The
parties further acknowledge and agree that they shall execute any
and all documents to effect the foregoing division of property
coincident with this Agreement, and pursuant to the Retirement
Equity Act or any similar act that may be required from time to
time to accomplish the purposes of this Paragraph.
B. REAL ESTATE. Wife and Husband do hereby acknowledge
that they have previously disposed of their marital residence
located at 1118 Redwood Drive, Carlisle, Pennsylvania, by their
transferring ownership to Husband. and Husband's refinancing the
premises in his name alone, in order to payoff the loans and to
satisfy underlying mortagages which were in the names of both
parties,
C. INTANGIBLE PERSONAL PROPERTY. Wife and Husband do
hereby acknowledge that they have also previously divided or
disposed of all their other intangible personal properties to
their mutual satisfaction at values then prevailing and suitably
determined, including bank accounts and credit accounts.
20. TAX CONSEQUENCES (Property Transfers)
It is the understanding of the parties that the real
property transfers described in this Agreement are within the
provisions of Section 1041 of the Internal Revenue Code and will
not result in the recognition of any gain or loss upon the
transfer. It is understood by the parties that the transfer of
property subject to section 1041 of the Internal Revenue Code
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will require that the transferee take the property with the tax
basis equal to the tax basis that the property had in the hands
of the transferor.
21. SEPARATE ASSETS
A, Release: The parties hereby agree that as to each of
their separate assets, as that term is defined herein, the party
not having title to or possession of any particular separate
asset hereby waives, releases, relinquishes and forever abandons
any and all claim therein, and acknowledges that hereafter the
party having title to or possession of a separate asset is the
sole and exclusive owner thereof.
B. Definition: The term "separate asset" is defined for
purposes of this Agreement as designating any asset of any kind
(whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name of a party hereto or
jointly with one of the parties hereto and a third party or
parties. The term also includes any untitled asset which is
presently in the sole possession of one of the parties hereto.
The term shall further include any business interests owned by
either party, whether individually or together with a third party
or parties.
C. Indemnification as to Expenses: Each of the parties
hereby guarantees to indemnify and hold the other harmless from
any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been
previously incurred with respect to the parties' separate assets
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as defined herein,
22. 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 acquired by him or her after execution of
this Agreement, 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.
23. EXISTING AND FUTURE PERSONAL OBLIGATIONS
The parties hereby agree that all existing personal
liabilities, debts and obligations of every description which
have been incurred by either of them shall be paid in a timely
fashion by the party who is assigned responsibility for the said
liability in accordance with the provisions of preceding
paragraphs hereof. Wife and Husband each hereby indemnify the
other and guarantee to hold each other harmless for any and all
payments, charges or penalties due on account of any liability
which is made the sole responsibility of Wife or Husband by the
provisions aforementioned.
Further, Wife and Husband each covenant, warrant, represent
and agree that neither has heretofore contracted for any debt,
liability or obligation for which the other or the estate of the
other may be responsible or liable except as specificallY
disclosed and provided for by the terms of this Agreement. The
parties further covenant, warrant, represent and agree that each
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will now and at all times hereafter save harmless and indemnify
the other and the estate of the other from all debts, charges and
liabilities incurred after the execution date hereof, except as
may be otherwise specifically provided herein, as well as from
all debts, liabilities or obligations of every kind which have
been incurred heretofore by either party, including those for
necessities, except for obligations arising out of this
Agreement.
Except as may be otherwise expressly provided herein, the
parties agree that all joint credit and/or charge accounts shall
be terminated immediately, and that no charges shall be incurred
by either party against any joint account from the date of
execution hereof,
24. ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of
this Agreement and the other party retains counsel to assist in
enforcing the terms thereof. the parties hereby agree that the
breaching party will pay all attorneys' fees incurred by the
other party in enforcing the Agreement. provided that the
enforcing party is successful in establishing that a breach has
occurred.
25, CLOSING
Each of the parties has carefully read and fully considered
this Agreement and all of the statements, terms, conditions, and
provisions thereof prior to signing below,
IN WITNESS WHEREOF. intending to be legally bound hereby,
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NANCY RUTH BRYMESSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAw
vs.
ALLEN LEROY BRYMESSER,
Defendant
NO, 97-359 CIVIL TERM OF 1997
IN DIVORCE
, 1997, the divorce
case having been
approved, it is ordered, adjudged and decreed that the terms,
provisions and conditions of a certain marital settlement
agreement between the parties dated May 2, 1997, and attached to
this Supplimental Decree and Order are hereby incorporated into
the Divorce Decree and Order by reference as fully as though the
same were set forth therein at length. Said Agreement shall not
merge with but shall survive the Divorce Decree and Order.
BY THE COURT:
J.
NANCY RUTH BRYMESSER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-359 CIVIL TERM OF 1997
IN DIVORCE
vs.
ALLEN LEROY BRYMESSER,
Defendant
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) of the Divorce Code.
2.
Service
January
Date and manner of service of the complaint:
by Certified Mail under Rule 403 and 1930,4(c), on
24, 1997.
3. Date of execution of the Affidavit of Consent required
by S 3301(c) of the Divorce Code:
By Plaintiff: May 2. 1997
By Defendant: May 2, 1997
4. (a) No related claims are pending.
(b) A true and correct copy of the fully executed
Marital Settlement Agreement is submitted to be incorporated in
the Divorce Decree by Supplemental Decree and Order enclosed,
(c) No request for counseling has been made by either
party.
5. The Parties have executed and filed with the
Prothonotary a waiver of Notice of Intention to request entry of
divorce decree under S 3301(c) of the Divorce Code in accordance
with Rule 1920.42(e), I certify that all other documents
required by Rule 1920,42 are en~~os~d .herewit~:~ .
Date: 5/22/97 C-. .t?f""'->-/,){/;?7".4
William S. Daniels
Attorney for Plaintiff
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Litigant, NANCY RUTH . . IN THE COURT OF COMMON PLEAS OF
. .
BRYMESSER . . CUMBERLAND COUN~ PENNSYLVANIA
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v. . . NO. . ~ OF 1997
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Litigant, ALLEN LEROY . .
. .
BRYMESSER . . IN DIVORCE
. .
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you
must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of
divorce or annulment may be entered against you for any
other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
Fourth Floor
Carlisle, Pennsylvania, 17013
Telephone:
7l7.~240-6200 ~
~Llfch~~-;Y7~
William S. Daniels
One West High St.
Carlisle, PA 17013
A. Litigant, NANCY RUTH
BRYMESSER,
Plaintiff
:IN TilE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
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:No.91-3'f'1 ~r 19
vs.
B. Litigant,
ALLEN LEROY
BRYMESSER,
Defendant
COMPLAINT UNDER SECTION 3301(c-L OF THE DIVORCE CODE
1, Plaintiff is Nancy Ruth Brymesser, who currently resides at
1416 Bradley Drive, Apartment H-211, Carlisle, Cumberland County,
Pennsylvania, since June 15, 1996,
2. Defendant is Allen Leroy Brymesser, who currently resides at
1118 Redwood Drive, Carlisle, cumberland County, Pennsylvania,
since February 14, 1989.
3. Plaintiff and defendant have been bona fide residents in the
Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
4. The Plaintiff and defendant were married on August 26, 1972,
at Carlisle, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6, The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and
that plaintiff may have the right to request that the Court
require the parties to participate in counseling.
NANCY RUTH BRYMESSER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
No. 359 CIVIL 1997
IN DIVORCE
ALLEN LEROY BRYMESSER,
Defendant
~FFIDAVIT OF CONSENT
1. A complaint in Divorce under S3301(c) of the Divorce
code was filed on January 22. 1997,
2, The marriage
irretrievably broken,
of the Complaint,
of the Plaintiff and Defendant is
Ninety days have elapsed since the filing
3. 1 consent to the entry of a final decree of divorce.
4. 1 understand that 1 may lose rights concerning alimony,
division of property, lawyer's fees or expenses if 1 do not claim
them before a divorce is granted,
5. 1 verifY that the statements made in this Affidavit are
t:ue and correct. I understand that false statements herein are
made subject to the penalties of 18 pa.C,S. S 4904 relating to
unsworn falsification to authorities.
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Date:
)))/97
.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NANCY RUTH BRYMESSER,
Plaintiff
ALLEN LEROY BRYHESSER,
Defendant
No. 359 CIVIL 1997
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER S 3301(c) 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 affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities,
Date: )!Jjc77
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NCY ,UTH BRY gSSER
P aintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NANCY RUTH BRYHESSER,
Plaintiff
ALLEN LEROY BRYHESSER,
Defendant
No. 359 CIVIL 1997
IN DIVORCE
AFFIDAV.LT__O-F. CONSENT
1. A Complaint in Divorce under 53301(c) of the Divorce
Code was filed on January 22, 1997.
2. The marriage
irretrievably broken.
of the Complaint.
of the Plaintiff and Defendant is
Ninety days have elapsed since the filing
3. I consent to the entry of a final decree of divorce,
4. 1 understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if 1 do not claim
them before a divorce is granted.
5. 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. 5 4904 relating to
unsworn falsification to authorities,
QQ(J~_ R. 11~~~
ALLEN LEROY BRYME ER
Defendant
Date: 5. - oJ - 9-/
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Speoal DellYOry Fee
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.~. I also wish to receMt 111.
.Cc>mI>l4. following ..rYlee. (lor an
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5, Received By: (Ptfnl Name)
:!I 6. Signa : ArkJre.... or Agent)
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PS Form 3811, Oec.mber 1
Cumberland County, PA No. 97-359 Civil Term
Exhibit "A"
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