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HomeMy WebLinkAbout97-00612 i I I ! ~ 1 , i i 1 , i i ~ i I ~ I , ~ \ ~ I i ~ ""-i:i,. ...."'J;;. , ~ / {' '>.. ~ - ~ ~ - I::J , / ~ ... ~ ~~*-~~-~_.~~.~~.~~*~**~.~.~*-***~~~~ ~ ------....-..----~~---..............-...---..........--...-- .,.......- -.----------~------....-.-- - -. ~ ~--~.-~..~~.---., ,'----,.....-...-----.--....-.----.-- 8 * 8 w '.' ~ ~ ~ ~ ", ~ ~, ~ .w '.' ~ ... ~ :,. ~ w '.' w *1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF 1~~ PENNA. '= ., ~ ~ '.' ,~ ~ ~ ... MARLENE L BROWN, Plaintiff i\<< ).97,::,6'.2 ~ '.' ~ ~\ \'l'I':'IIS ~ MICHAEL R. BROWN, Defendant ~ * * ~ DECREE IN D I V 0 R C Ed' I 0:'" A..~ AND NOW, .. .. .. .. . .~. ..I. . . .. " 19 f. ~. . ,"it is ordered and decreed that......... .~~~.l.~n~. .L... ~r.ow~..................... plaintiff, and . .. .. . .. .. .. . . . . . .. M.i.C;~?~.l.. ~:. I~r:,?~n. . . .. . . . . .. . . .. .. ", defendant, are divorced from the bonds of matrimony, ~ ~~ ~ i, * $ w " The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; fJ uv--t The attached Property Settlement Agreement dated March 20, .... ..............................,............. ...... ... ...... ..........., . .'. 9?~!. . is. in<;=orporatE!d ~ . w,i thO~l~ .m~r.9~n~!. . in~o. .th~. [~i v?r.cE7. De.c:ree. Alle.l: 'i.k /"..)6:;. r~~"..~ ~n'-L r ~A-,. --04 .J' ./ Prolhonolnry ~ ~ ~ ~ .-;.- " ." ." " ',-, :: . ," ;; , :. ',. ' , :.' '. '.' .': .,' ., " ., ., ., .~~~~~~~.~~~~~~~~~~~~. ~ .:+:. -:+:. .:+:. .:+;. -:6:. .:+:. .:+:. ':+:. -:.:. ':+:. .:+:. ~ ", ~ *- '.' $ $ ~ ~ ~ '.' ~ a '.' ~ .' " ~ ~ '.' ~ I~ W ", ~ ,,' ~ !~ " I~, l~ \~ ;t; '.' ~ ~ ~ * ~ ~ '~ ,',' ','. ~ ~ ~ , . ~ J. ~ ~ ~ ,~ il I \ \ MARLENE L. BROWN, !I Plaintiff II II vs. II MICHAEL R. BROWN, II Defendant " il i I SBPARATION AND PROPBRTY SBTTLEMENT AGREBMENT ! I THIS AGREEMENT, made thie J.() f" day of 11 )atl (' h. I q 9 i II 1998, by and between MARLENE L. BROWN of Camp Hill, Pennsylvania, I i hereinafter referred to as Wifel and MICHAEL R. BROWN of Camp Hill, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . No. 97 - 612 Civil Term . . CIVIL ACTION - LAW IN DIVORCE Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on April 11, 1983 in Hagerstown, Maryland 1 and WHEREAS, the parties are bona fide reeidents of the Commonwealth of Pennsylvania and have been so for at least the past six months1 and I WHEREAS, certain differences have arisen between the parties !hereto and, as a consequence, they have ceased living as Husband land Wife since July 26, 19961 and I WHEREAS, Husband and Wife desire to settle and determine I icertain of their marital rights and obligations, make an equitable idistribution of their marital property, and determine their rights ! 'to alimony, support, and all other matters which may be considered under the Divorce Code1 and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all , financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an :! ,l agreement for the division of their jointly owned assets, the 1 ,'provisions for the liabilities they owe, and provisions for the " 1\ :1 resolution of their mutual differences, after both have had full 'I! and ample opportunity to consult with attorneye of their respective II i\ choice, and the parties now wish to have that agreement reduced to 1 : \ writing; and III WHEREAS, there are no dependent children to the marriage; and, I NOW THEREFORE, the parties, in consideration of the mutual \1 promises set forth hereinafter, and for other good and valuable \\consideration, intending to be legally bound and to legally bind \!their heirs, successors, assigns, and personal representativee, do l\herebY covenant, promise, and agree as follows: \ I , I , i : all times hereaft~r to live separate and apart from each other and I I \ to reside from time to time at such place or places as they shall I ! respectively deem fit, free from any control, restraint, or I ARTICLE I - SBPARATION 1.1 SeDaration. It shall be lawful for Husband and Wife at interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on 2 the part of either party of the lawfulness of the cauees leading to them living separate and apart. 1.2 Bffect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of obviating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner ae this Agreement. ARTICLE II - DIVORCB 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and ! acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section J J 0 1 (c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible J i claims that this Agreement is, for any reason, illegal, or ; i unenforceable in whole or in part. Husband and Wife do each hereby ,i warrant, covenant, and agree that, in any possible event, he and " : she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood I 'and agreed that the provisions of this Agreement relating to the . equitable distribution of property of the partiee are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, jUdgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in i any way by any such separation and 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 should remarry, it being understood hy and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Aareement into Decree. It is specificdlly agreed that a copy of this Agreement shall be ',incorporated by reference into any divorce, judgment or decree if 'i 'i "or whenever sought by either of the parties hereto. Such i iincorporation, however, shall not be regarded as a merger, it being 4 the intent of the parties to permit this Agreement to survive any such jUdgment or decree. ARTICLE III - BOUITABLE DISTRIBUTION OF MARITAL PROPBRTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be !serving as the custodian of any dependent minor children. 5 3.2 Satisfaction of Ri9hts of Bauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of aseets. The division of property under this Agreement shall be in full satisfaction of all ri9hts of equitable dietribution of parties. 3.3 Relinauiehment of Claims. Husband agrees to relinquish all claime to any assets that may be acquired by Wife prior to a finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to a finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Husband agrees to transfer to Wife all his interest in the marital residence at 12 Sussex Road, Camp I Hill, Cumberland County, Pennsylvania 17011. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to the marital residence. Wife agrees to pay all costs of transfer normally necessary to effect such an exchange, and further agrees to accept responsibility for any future capital gaine or other tax ramifications. 3.5 Personalty. The parties have agreed between themselves to a division of all household furnishinge and personal property iwhich would be considered "marital property" under the Pennsylvania I !Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties 6 acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releaeing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole posseseion of one of the partiee hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.6 EC/uitable Distribution Installments. Wife shall pay Husband the total amount of $2,500.00, representing her equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. wife shall pay this amount to Husband upon the execution of the documents referenced in paragraph 3.4 above, which execution shall take place at the Settlement of loan necessary to refinance the home equity :loans secured by the marital residence ae scheduled by the ,i settlement agent. 3.7 ProDertv to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: coffee table, end table, brass lamp, and bedroom suit 7 (comprised of matching bed, dresser, nightstand, matress, and box spring), provided that Husband must pick up these items prior to April 30, 1998. 3.8 Motor Vehicles. Husband agrees to transfer to Wife all his interest in the 1994 Buick Regal. Wife shall have eole and exclusive possession thereof, and Husband ehall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to the 1994 Buick Regal. Wife agrees to i pay all costs of transfer normally necessary to effect such an exchange, and further agrees to accept responsibility for any future capital gains or other tax ramifications. Wife agrees to transfer to Husband all her interest in the 1992 Buick LeSaber. Husband shall have sole and exclusive poeseesion thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the 1992 Buick LeSaber. Wife agrees to pay all costs of transfer normally necessary to effect such an 'exchange. Husband agreee to accept responsibility for any future ,capital gains or other tax ramifications. ARTICLE IV - DBBTS OF THB PARTIBS 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed 8 a variety of debte. It is hereby agreed, without the necessity of aecertaining for what purpose and to whose uee each of the bills were incurred, that, except as otherwise provided herein, both I !parties are equally responsible for all such bills, obligations, ,I i I and debts. Husband and Wife each agree to hold the other free and ,/ II h&<mle.. from eny and ell li.hility which m.y eri.. from .ny rr !Ioutstanding bills, obligations, and debts they may have 1/ i) unilaterally incurred after the date of separation, and further " II l'Iagree to indemnify and defend the other from any claim regarding I same. Both parties agree that, in the future, neither shall cause II lior permit to be charged to or against the other any purchase which I either of them may hereafter make and shall not hereafter create I .ny .n......nt., d.ht., or ohli..tion. in the name of or ...i..t I each other. ,I 4.2 RefinancinQ AQreement. In exchange for release whatever " IIClaim they may have against the real property of the other ae set ! forth ahov., '.ch of the parti.. ..r..e th.t the other P.rty .hould i/ rnot be bUrdened by any debt, lien, or mortgage enCumbering that , I I property. To that effect, each of the parties agrees to ! 'immediately refinance any SUch encumbrance in order to remove the I name of the non-possessory sPOUse. The parties recognize that 'financial circumstances may hinder or obstruct the ability of a party to refinance. Therefore, a party who is unable to iimmediately refinance a jointly held debt, lien, or mortgage shall ,reapply for refinancing within an interval of no less than one year 9 from any unsuccessful refinancing attempt. Every reasonable and good faith effort shall be applied to an attempt to refinance. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts encumbering real property in their posseseion and further agree to indemnify and defend the other f~om any claim regarding same. 4.3 SDecific outstandina Debts of Wife. Wife agrees to i accept sole responsibility for, and to hold Husband free and harmless from, any and all liability which may arise from the following outstanding jointly held bills, obligations, and debts, and further agrees to indemnify and defend Husband from any claim regarding same: both home equity loans, all outstanding and future real estate taxes, both motor vehicle loans. Wife agrees to pay off the outstanding balances of each of these loans pursuant to the terms and conditions set forth in paragraph 4.2 above, which payment shall take place at the Settlement of loan necessary to refinance the home equity loans secured by the marital residence as scheduled by the settlement agent. ARTICLE V - RETIREMENT SAVINGS 5.1 Mutual Release. Upon consideration of the equal salaries of the parties as of the date of separation, and for other good and valuable consideration as set forth in this agreement, the parties each agree to mutually release and forever waive any rights they 10 may have to the retirement savings, in whatever form or plan, of the other party. ARTICLE VI - MISCBLLANBOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of ~he parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably neceesary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal couneel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumetances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the reeult of any collusion or improper or illegal agreement or agreements. 'I 6.3 Counsel Fees. Husband and Wife agree to be responsible !I for their respective attorney fees and costs associated with the , divorce and separation, and further waive any claim they may have to payment by the other of the same. 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the ,estate of such other, for all times to come and for all purposes 11 i: whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of 12 nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to aseert a claim for spousal support, alimony, , alimony pendente lite, attorneys fees, costs and/or expenses. I , , Except ae otherwise provided herein, each party hereby waives any , , Ii right to such economic claims ancillary to the divorce and accepts I i the provisions of this Agreement relating to these claims ae a II final eettlement for all purposes, as contemplated by the II Pennsylvania Divorce Code. I . 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband ! and Wife each warrant, covenants, represent and agree that each jwill, now at all times hereafter, save harmless and keep the other iindemnified from all debts, charges, and liabilities incurred by 'the other after the execution date of this Agreement, except as is 'otherwise specifically provided for by the terms of this Agreement 13 and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach i or default shall be deemed a waiver of any subsequent default of : the sarne or similar nature. 6.7 Document Execution. The parties agree that they will I ~ i' promptly execute any and all written instruments, assignments, i i releases, eatisfactions, deeds, notes, or such other writings as ! may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 GoverninQ Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 BindinQ. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and aseigns. 6.10 Entire AQreement. This Agreement constitutes the entire . understanding of the parties and supersedes any and all prior ; agreements and negotiations between them. There are no representations or warranties other than those expressly set forth : herein. 14 6.11 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to ,be void or invalid in law or otherwise, then only that term, i 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 obligation under anyone or more of the articles and sections shall in no way void or alter the , '. remaining obligations of the parties. ! The parties expressly : represent that the headings of each paragraph are solely for I i purposes of convenience and are not to be construed as controlling. r' 6.12 Bquitable Division. It is specifically understood and " I i~ agreed that this Agreement constitutee an equitable distribution of i property, both real and personal, which was legally and ! beneficially acquired by Husband and Wife, or either of them, ! during the marriage as contemplated by the Divorce Code of the ,Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Bnforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to 15 enforce the terms of the Agreement by either Husband or Wife until it ehall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party hae eo breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands I and seals the day and year written. ! I WITNESSED B " It I ,1'-- " II Ii ,I ,I ;., ~{l ~~~~'-- 4J1~c~,t. i' MICHAEL R. BR !i /)'LcthiLN d, MARLENE L. BROWN, i~L (J(LJ(I...- WIFE i: 16 MARLENE L. BROWN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. No. 97 - 612 Civil Term MICHAEL R. BROWN, . CIVIL ACTION - LAW . Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD Plaintiff's SS' 160-44-9434 To the Prothonotary: Defendant's 55' 199-34-1465 Tranemit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under S 3301(c) B iD01(d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail' P 224 575 118 delivered on February 15, 1997. See Attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff March 20. 1998 by the Defendant March 20. 1998 . (b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: Please incoroorate. without merqinq. the attached Prooertv Settlement Aqreement of the oarties into the Divorce Decree. 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiff's Waiver of Notice in S 3301(c) Divorce wae filed with the prothonotary: filed simultaneouslv w/praecioe ; Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the rothondtary: filed simultaneouslv w/Praecioe . [(" t It." t' \ . ( ."\.' -, ,~ 'J.,. l)' Date: '/ . ~ ( Eshelman, Esquire 2108 Mark t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. 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" ':..,:, ":"" ;::';, ',o~/;i,';' ',:' :;i,;, 1, ',:. ,',. -',' :<':.'::.': '~):'c':" "'. ..c."", " ".C',,'M ;"""':'. ,'" "/<-> ,\~ '" : ::.'/....:<:,:.""';:'.:i~':'~:'~~ ,,"'< :'-:;::::;':;;';:;:(,.,.;<""" -', ;',.;; Ct;'s, " "\ ;'; '-,,~::..y ;::';':"<\~:" ;~: '(~~ :;~ ". ", :"" . ,;' "''''''':.'. ". "'" , ':';:," "',' , """:'>'::""';:-'''':::''i~ l('~~'" ~Q;:;"~" ;".... ::...' r: "":J't,:j':\':;~~":"':' :;: i:.; : ';:i"~ " ,,';,,' '.:;j:, : .'i'~:? ',~ '''c ::": ,', , ,'," '. ";"" ,". l: , , . ... ';'::'''':::~':'/:':'<;;,;, ,:~;:~~~>>%~ ': i,:; ,;""." ,~; '<i':.' '. '/'.__" ': '. ,; <>::<~"":;':..:;" ;'>";'.>"l~"!;.::,::}:;\!':'<"P;~ ." ':':::"::~;LJ ...~ ,''', . '... :C'.'." '. 'c .).;. ">" . ,C. " . >. ','-"..< 'd,.',' ,_ .~. .' . . .: ,.' .... . . .... .. " "":" . .' " . ,. . "". ".;: '. "...., ..:c.. ...... , .~:E::" .. , , . (." :.. .... -~ ~: '. : ' . ":/. ",1'" ." " . . .,~..: '. ~-"""'--:-'"'''' "..' '.." " '.. ,., ., ',,:' ':', ' i:t~s~~, ~<>, '-.~< ">, MARLENE L. BROWN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . C<~LJ -;;:__ . vs. . No. 'I? I...':L . . . MICHAEL R. BROWN, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . COMPLAINT IN DIVORCB UNDBR SBCTIONS 330l(c) or 330l(d) OF THE DIVORCE CODE The Plaintiff, Marlene L. Brown, through her attorneys, The I: , ., Law Offices of Patrick F. Lauer, Jr., makes the following Complaint' in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Marlene L. Brown, is an adult individual, whose current mailing address is 5983 Devonshire Heights Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. The Defendant, Michael R. Brown, is an adult individual who currently resides at 12 Sussex Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT I - DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on April 11, 1983 in Hagerstown, Maryland. 6. There have been no prior actions of divorce or for annulment between the parties. MARLENE L. BROWN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. . . . MICHAEL R. BROWN, CIVIL ACTION - LAW Defendant . IN DIVORCE . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made I subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn ,I falsification to authorities. Date: OI/3()jq? Signature: fYJa5zLUl1 d ;/YUJll)l'-- Marlene L. Btown MARLENE L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. No. 97 - 612 Civil Term MICHAEL R. BROWN, Defendant : CIVIL ACTION - LAW IN DIVORCE AFPIDAVIT OP SERVICE TO THE PROTHONOTARY: I, Matthew J. Eshelman, Eequire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No. P 224 575 118, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. ~ .~. ~ 1 _0I2for_ _.. I also wish to receive !he I .CampIot."omo 3, 4..""" 4b. following I.rvlcel (for on I -PrtnI yOw '*'" and adlht, on the,.....,.. of thlI form 10 that we can 'ilium IhIt extra fee): ,-~~ j ._lhIolormlolhl......oI..."'""'*".OIonlhl_"opooo_noo 1.0 Addr.......Addre.. . 'W~~R"'" R_,. '*1-'" on IhI mil,*" bIIow", I_ _. 2. iii R.llrlctad O.lIvlry ti en. Rltl.m RlCIlpC"'. ahow to whom thlanlcl. was dIIvwMf and the date I & _. Conauh poalmasler lor 'ee. I~-~ I IN 5?!'-J r j 4b. SlrvIce Type I:J. ~.y. /.!c-cu/.. 0 Regist. y\\LL, /)-1 ll-'C8'rtIftad . J 0 Expre 0 Insured f f!..tJ..hUJ W, / It ) 70 II 0 Relum f coo 10 -~'7' 7.0.t.o 0 .. ! J I Jt " Resl~r}.l, fU~I~.eubmitted' It JN~'\,(",L- Matthew Ji Eshelman, Eequire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10M 72655 Tel. (717) 763-1800 Date: ~,)." /7. -' / ~.1 ',I I (") I.!J 0 S'; 0:. 'n -y, , ~ t~ " J 'r- r~ , ~ 1:-1 (i. (,:' ,'( '.;() - .." , ." -n .... )., .(.} .. , :...)i-,-l ~ :.1 :.n ..' :J.l " (..,) ...; (") '" 0 r" c:- ., . ".;1 '. ". .-ry L ~; , .'J 'j=- ".' ;1 :'1' (;> .10 , " -n .. ~-11 ',:11 -. '0 ~.~ '.-fn ~' ~~~. '..-' ~ :'1 "'0 ~, .::- =< ,I " I: MARLENE L. BROWN, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA . . vs. I No. 97 - 612 Civil Term I I CIVIL ACTION - LAW IN DIVORCE MICHAEL R. BROWN, Defendant PLAINTIFF'S AFFIDAVIT OF CONSBNT UNDBR SBCTION 3301(c) OF THB DIVORCB CODB 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 6, 1997. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. DATE: o::J / J(./CJ S J}ICl~il./U J I~ to l,U 1'-- Marlene L. Brown Signature: :i () '0 n ~:; :.\.... -.1 -,' "D, . :":' ';~ [.1 ;'J N '8 '-" '., . 7jO -;-, ; "n ;r- i:T.l "",:. () ~. .)? .~j:T1 :=;! ',- ~."1 ~ -. - -<: I I I I i, :i Ii II I " II !I " I MARLENE L. BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i i I I I ! i MICHAEL R. BROWN, II Defendant II . . vs. . . No. 97 - 612 Civil Term CIVIL ACTION - LAW IN DIVORCE DBFENDANT'S WAIVER OP NOTICB OP INTENTION TO REQUEST BNTRY OP A DIVORCB DBCREB UNDBR SBCTION 33011cl OP THE DIVORCB CODB 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose righte concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ~" /f'/l) d ' signatu;e(/ /[.Cc/ld II" f;J!1-1/'l. Michael R. Brown DATE: 3/Jo/i/:{ I , 'I ! n ,0 Cl (u ;,,'j ., .., ..,~. I , . ~1 ; ~.,J .1F- ,..., .".'1 " (}*'. Jy j -'t"'" ." i "; ;;:1 , ".."';! , ~ '''.H') ,t' , ',I'i" -~ i ~, '..~ ,,' ,"I ....:. ':Tl ,,' .., ~ -< .r- MARLENE L. BROWN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 97 - 612 Civil Term . . . MICHAEL R. BROWN, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . DBFENDANT'S AFFIDAVIT OF CONSBNT UNDER SBCTION 33011cl OF THB DIVORCE CODB 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 6, 1997. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing 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. II I true and correct. i I I I i I i 4. I verify that the statements made in this affidavit are 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: "bC/fJ(' / / /122' .- / '1 ' Signature: 1/((., '1/ Michael i! (") o.D " C ::.J -n " - ..-I ,>0 , ':!I ... ; . .. 1'/;; , .I ..,..- 1') .:Tl oj- -~ 110 .. '.1 ':i1 '- ..., '}:D .- ',(') . - ::? j(n .~. ~; --:. 'l~ ~ :;"1 -, .~ .<