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HomeMy WebLinkAbout02-5952YOUR HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about 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. FOR THE COURT: COURT ADMINISTRATOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, Plaintiff JEFFREY M. BRIEL, Defendant CIVIL ACTION - LAW IN DIVORCE PACSES NO. MOTION FOR SCHEDULING OF CONFERENCE ON PLAINTIFF'S CLAIM FOR ALIMONY PENDENTE LITE AND FOR ENTRY OF ORDER FOR AI,IMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 11th day of December, 2002, comes the Plaintiff, Bonnie A. Woolever, by her attorney, Diane G. Radcliff, Esquire, and moves this Honorable Court to schedule a conference on Plaintiff's claim for alimonypendente lite and to enter an order for alimonypendente lite, and assigns the following reasons therefor: Plaintiff is Bonnie A. Woolever, (hereinafter referred to as "Wife"), an adult individual residing at 54 Old Federal Road, Camp Hill, Cumberland County, PA 17011. Defendant is Jeffrey M. Briel, (hereinafter referred to as "Husband"), an adult individual whose last known ad&ess was 54 Old Federal Road, Camp Hill, Cumberland County, PA 17011. Husband moved from that residence on or about October 22, 2002, and is believed to be residing in New Cumberland, Cumberland County, PA. Husband's business address is: Ajilon Consulting, 5001 Louise Drive, 2nd Floor, Mechanicsburg, PA 17055, The parties were married on July 5, 2002 at Wrightsville, York County, Pennsylvania and separated on October 22, 2002. - 1 - 10. 11. 12. 13. This divorce action is being commenced by the filing of a Divorce Complaint by Wife concurrently herewith, a true and correct copy of which Divorce Complaint is attached hereto, marked Exhibit "A" and made a part hereof. In Count 2 of Wife's Divorce Complaint Wife raised a claim for alimonypendente lite. Husband has not sufficiently provided support for the Wife Wife currently is employed as a bar tender at Gullifty's and earns a wage of $4.25 per hour for approximately 32 hours per week (136.00 per week) plus tips of approximately $150.00 per week for a total employment income of approximately $286.00 per week of $14,872 per year. Husband is currently employed at Ajilon Consulting and earns a wage of approximately $150,000.00 per year. Wife is not on a financial Paragraph with Husband in prosecuting and/or defending this divorce action, and is unable to support herself in accordance with the standard of living established during the marriage. Wife needs alimonypendente lite in order to support herself in accordance with the standard of living established during the marriage. This Motion is filed to secure the scheduling of a Domestic Relations conference on Wife's claim for alimonypendente lite and to secure the entry of an order for alimony pendente lite for Wife. A Domestic Relations Intake Information Questionnaire/Data Sheet is being filed concurrently herewith as required by Local Rules of Court. The amount of alimony pendente lite requested by the Plaintiff is the maximum amount provided for under the guidelines. WHEREFORE, Plaintiff prays that the Court enter an Order: a. Scheduling a conference of Plaintiff's claim for alimonypendente lite. At said conference entering an order requiring Defendant to pay the Plaintiff alimonypendente lite in the maximum amount provided for by law under the state support guidelines and requiting Defendant to provide medical insurance and support for the Plaintiff. Respectfully submitted, DIANE ~. RADCLIFF, ESQUIRE 3448'T?indle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0695 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 FOR OFFICE USE ONLY Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Intake Information Ouestionnaire/Data Sheet (Please print clearly) PLAINTIFF'S/CARETAKER'S Name (Last, First, Middle) Alias Address INFORMATION: Relationship to Children: Mother's Name (if not Plaintiff) Physical Description: Ht. Email Address Mother's Maiden Name Father's Name ~-~ ~. City, State and Country of Birth Plaintiff's Attorney ~{~3~e~ '-~O~C~ :~ Plaintiff's Attorney Address Employer Name State 9/~ Zip Code 1~1011 County DOB 01 / O~ / 70 Telephone (~[]) q~0- 5' ~['Wt. ~55 Eyes ~1~ Hair~ Race Employer Address Medical Insurance Carrier Name f.]%~ Policy Medical Insurance Carrier Address ~ ~Ok [~0] ~.~u.~_.~n~%'~ Carrier Phone (~0)~[- N~t Pay $ ~,~o Per Employer Phone ( Marital Status of Defendant: __Divorced Date Married ~ /~ /06 Separated Place of Marriage Address of Last Marital Domicile ~ Married -~ Separated __ Single 10 / 1~/0~ Divorced / / Place of Divorce ~/~ Page 1 of 4 Intake Information Questionnaire/Data Sheet PLAINTIFF'S CARETAKER'S INFORMATION Relative or Friend Name Relative or Friend Address (Continued) Relationship Relative or Friend Phone Number ( ) CHILDREN'S INFORMATION (Defendant's children only) 1. NAME (Last, First. Middle) ~$jj ~ Mother's Maiden Name Father's Nam~ Paternity YES OR NO Hospital of Birth City. State and Country of Birth 2. NAME (Last. First, Middle) Mother's Maiden Name Hospital of Birth SSN D/AR Father's Nam~ Paternity Established? YES OR NO City. State and Country of Birth 3. NAME (Last, First, Middle] Mother's Maiden Na~e DOB Father' s Nar~ Paternity YES OR NO Hospital of Birth City. State and Country of Birth 5. NAIVE (Last. First. Middle) Mother's Maiden Na~e Hospital of Birth Father' s Name Paternity YES OR NO City. State and Country of Birth Intake Information Questionnaire/Data Sheet Page 2 of 4 DEFENDANT' S INFORMATION Maiden Name/Alias Address ~O [ L~,t,~'~. ~-. ~ ~C~, ~,~ ~ ~) City ~tr-~ State ~ Zip Code %~OS~ County SeN ~0~'q~ - q~ DOB ~ / ~ / Telephone Physical Description: Hr. ~' %~ Wt. Eyes ~[~ Hair ~cS~n Race Email Address Mother' s Maiden Name City, State and Country of Birth Defendant's Attorney Defendant's Attorney Address Employer Name ~[ !6~ Employer Address ~'~OQI Medical Insurance Carrier Name '4 Medical Insurance Carrier Address Relative or Friend Name Relative or Friend Address Employer Phone (]~) %~.0 - ~7~.~ Policy # Carrier Phone Relationship Relative or Friend Phone Number ( ) ASSISTANCE/EXISTING SUPPORT ORDER INFORMATION: Are you receiving cash or medical assistance? y ~ Are you receiving child care subsidy? y ~ Your Welfare Case # Existing Support order: Y N~ Case # County Amount for Spouse: $ Amount for Child(ren): $ Amount for Family (Spouse and Child(ren)): $. Applying? Y State Per month Per month Per month Page 3 of 4 I verify that the statements in this document are true and correct to the best of my knowledge. I understand that any false statement is subject to penalty in 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date Pl~i'ntiff/Caretake~ Signature FOR OFFICE USE ONLY: (Circle correct choice) BENEFICIARY TYPE: TANF NON-TANF IV-E FEE PAID: y N N/A Page 4 of 4 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737 0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, Plaintiff JEFFREY M. BRIEL, Defendant : : CIVIL ACTION - LAW : DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights mmportant to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GPJtNTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, : Plaintiff : JEFFREY M. BRIEL, : CIVIL ACTION - LAW Defendant : DIVORCE AND NOW, Bonnie A. and files statement: 3 o this 11th day of December, 2002, comes the Plaintiff, Woolever, by her attorney, DIANE G. RADCLIFF, ESQUIRE, this Complaint in Divorce of which the following is a COUNT I: DIVORCE The Plaintiff is BONNIE A. WOOLEVER, an residing at 54 Old Federal Road, Camp Hill, PA 17011. adult individual Cumberland County, The Defendant is JEFFREY M. BRIEL, an adult individual whose last known address was 54 Old Federal Road, Camp Hill, Cumberland County, PA 17011. Defendant moved from that residence on or about October 22, 2002 and is believed to be residing in New Cumberland, Cumberland County, PA. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on July 5, 2002 at Wrightsville, York County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. -2- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737 0100 The Plaintiff avers that the grounds on which the action is based are: a. ~-~: The marriage is irretrievably broken; bo ~: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: ALIMONY PENDENTE LITE. ALIMONY Paragraphs 01 through 08 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 11. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, amp Hxll, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff, Bonnie A. Woolever -3- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 VERIFICATION I, BONNIE A. WOOLEVER, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BONNIE A. ODLEVER Date: December 11, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA BONNIE A. WOOLEVER, Plaintiff JEFFREY M. BRIEL, Defendant : NO. 02-5952 : : CIVIL ACTION - I_~W : DIVORCE CERTIFICATE OF SERVI£~ I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Jeffrey M. Briel by Certified Mail, Restricted Delivery on the 20th day of December, 2002. The return receipt for said mailing3 is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, D I~E_~-~A~.CL IFF , ESQUIRE 34 ~ri nd~.~) Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by B. Date of Delivery J--EF-/;r Y 2_0-0 z_. I--I Agent ~[~,ddressee ~S, enter del(~re~ below:,~ ~o .. S~/~ ~Codifi~ Mail ~ fixpr*ss Mail ~ ~ ~i~t~ ~ ~oturn ~oipt for Momhandiso ~ Insu~ Mail ~ G.O.D. 4. ~o*tricted ~olivo~,? (~ra F~) ~Yas 2. Article Number (Copy fr(3/~n ~eryJ~m /abe/) PS Form 3811, July 1999 Domestic Return Receip. t _ 102595-99-M-1789 UNITED STATES POSTAL SERVIC I First-Class Mail ·Sender: Please print y'" r nar'~:.~dress, andlZ!~.J.Q~[~O~. ~,~j In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BONNIE A. WOOLEVER ) Docket Number Plaintiff ) vs. ) PACSES Case Number JEFFREY M. BRIEL ) Defendant ) Other State ID Number 02-5952 CIVIL 492105127 AND NOW to wit, this that: Order FEBRUARY 13, 2003 it is hereby Ordered THAT THE APL CONFERENCE SCHEDULED FOR THIS DATE IS CONTINUED GENERALLY. EITHER PARTY MAY CALL FOR RESCHEDULING. BOTH PARTIES ARE TO ADVISE THE DOMESTIC RELATIONS SECTION OF RESOLUTION OF THIS MATTER. DRO: RJ Shadday xc: plaintiff defendant Diane Radcliff, Esquire Samuel Andes, Esquire Service Type M BY THE COURT: ffWesley Olaf.r /,,/t- JUDGE Form OE-001 Worker ID 2100 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, Plaintiff Vo JEFFREY M. BRIEL, Defendant : NO. 02-5952 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE PRAE C I PE_ TO THE PROTHONOTARY: Please withdraw the claim for Alimony Pendente Lite and Alimony raised in the Complaint for Divorce filed in the above captioned matter. Respectfully submitted, 'tlANE G.)RADCLIFF, ESQUIRE 3~~l~ndle Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32].12 Attorney for Plaintiff Bonnie Woolever 3/4/03 Health Insurance Stipulation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, Plaintiff Vo JEFFREY M. BRIEL, Defendant NO. 02-5952 CIVIL TERM CIVIL ACTION - LAW DIVORCE STIPULATION FOR RA?.TH INSURANCW This Stipulation made this ~ day of/~__~,~ , 2003, the parties, Bonnie A. Woolever, ("Wife"), and Jeffrey M. Briel, ("Husband") . WHEREAS, the parties are concurrently herewith entering into a Property Settlement Agreement; and WHEREAS, said Agreement provides that the provisions regarding health insurance shall be governed by this Stipulation; and WHEREAS, the parties have agreed that husband is to provide health insurance coverage for wife through his employer through and including December 31, 2003; and WHEREAS, in order to obtain that coverage through his employer husband's insurance carrier requires that this health insurance requirement be made a Court Order. NOW THEREFORE in consideration of the premises and promises herein set forth, the parties hereto, intending to be legally bound hereby, do stipulate and agree as follows: HEALTH INSURANCE FOR WIFE,: Husband shall provide health insurance coverage for "Wife" as is provided by his employer through and including December 31, 2001. Pursuant thereto, Wife shall be deemed to be a Husband's dependent and shall be entitled to a continuation of her health insurance coverage, notwithstanding the entry of a divorce decree between the - 3 - Bonnie Woolever 3/4/03 Health Insurance Stipulation parties. HEALTH INSURANCE DOCU~.NTATION: Husband shall provide Wife with all documentation pertaining to the health insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination and receipt of insurance coverage. 3. ~OBRA COVERAGE: After the termination of the health insurance coverage set forth in Paragraph 1 herein, to the extent permitted until applicable law, Wife shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that she shall be solely be responsible for the payment of the costs therefor. Husband shall cooperate with Wife to the extent necessary to secure that Cobra coverage. 4. SUPPLEMENT TO PROPERTY SETTT.~MENT AGReeMEnT. The terms of this Stipulation shall be deemed to supplement the terms of the parties' property settlement agreement. 5. ENTRY OF COURT ORDER: The terms of this Stipulation shall be entered as a order of Court, the parties specifically authorizing the Court to enter the foregoing Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands and seals to this Stipulation the day and year below written. WITNESS: Date: ~-%~- O~ (SEAL) - 4 - PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I"~t~ day of ~~~ , 2003, is by and between: JEFFREY M. BRIEL of 1414 Red Maple Court in New Cumberland, Pennsylvania, hereinafter referred to as "Husband"; and BONNIE A. WOOLEVER of 54 Old Federal Road in Camp Hill, Pennsylvania, hereinafter hereinafter referred to as "Wife." WlTNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 5 July 2002 and no children were born of this marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 02-5952 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Diane G. Radcliff, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CASH PAYMENT. Husband shall pay to Wife, upon the execution of this Agreement, $1,750.00 in cash or cash equivalents. Such payment shall be treated by both parties as equitable distribution of marital property, and not as alimony, but such Pa~e 1 of 7 payment shall fully satisfy all of Husband's financial obligations to Wife for all economic claims which she has raised or could have raised in the divorce action including, without limitation, her claims for alimony pendente lite, alimony, counsel fees, and equitable distribution. 2. HEALTH INSURANCE. The parties agree that the provisions regarding health insurance shall be governed by a separate stipulation and order to be entered thereon, which stipulation is being executed concurrently herewith. 3. SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE ACTION. Wife has filed a spousal support action before the Court of Common Pleas of Cumberland County to Docket No. 1111 S 2002, and a request for alimony pendente lite before the same court, which has been filed to the divorce docket number. Wife shall, immediately upon receipt of the payment by Husband as set forth in Paragraph 1 hereof, withdraw and terminate both actions and cancel all hearings, conferences, or other matters scheduled in either of those actions. 4. PERSONAL PROPERTY. Husband shall have the following items of personal property now at Wife's residence: A. The sleeper sofa, the outdoor fireplace, and two decorative garden hose carts. Husband shall retrieve the items from Wife's residence within thirty (30) days of the date of this agreement. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and 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 possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 5. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITF. The acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain Pa~e 2 of 7 themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 6. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 7. WAIVER OF ESTATE RIGH?$. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of Pa~e 3 of 7 action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 8. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and 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 all such interests, rights, and claims. 9. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 10. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this Page 4 of 7 information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances. 1 1. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon the request of Wife's attorney, make, execute, acknowledge, and deliver unto said attorney, consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce pursuant to Section 3301(c) promptly after the execution of this agreement. 12. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 13. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other Page 5 of 7 party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 14. CFIOIOE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 1 5. SEVEIRABILIT¥. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 16. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness0 Witness uONNIE A. WOOLE~R Pa~e 6 of 7 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the I(~]~day of~ , 2003, before me, the undersigned officer, personally appeared JEFFREY M. BRIEL known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I~ry CommiSsion Expires: I NOTARIAL SEAL" ' I AMY M. HARKINS, NOTARY PUBUe I.EMOYNE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES JAN. 3], '2005 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the /?/~Lday of ~ , 2003, before me, the undersigned officer, personally appeared BONNIE A. WOOLEVER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notari,, Deborah L. Donh~y Notary Public Cam Hill Boro ('un ~er and County My Commission Exp~r~,s 5;e,p~. 23, 2003 M, ember. Pennsylvania Ass~,: .;tit:;~ ot Page 7 of 7 BONNIE A. WOOLEVER, Plaintiff VS. JEFFREY M. BRIEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5952 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 16 December 2002 and served upon the Defendant on or about 23 December 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J : BRIEL BONNIE A. WOOLEVER, Plaintiff VS. JEFFREY M. BRIEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5952 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODI' 1. I consent to the entry of a final decree in 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date BONNIE A. WOOLEVER, Plaintiff VS, JEFFREY M. BRIEL, Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5952 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICF I, JEFFREY M. BRIEL, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: 23 December 2002 JEPFF~ M. BRIEL Bonnie Woolever 3/4/03 Health Insurance Stipulation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNIE A. WOOLEVER, Plaintiff Vo JEFFREY M. BRIEL, Defendant NO. 02-5952 CIVIL TERM CIVIL ACTION - LA~ DIVORCE ORDER HEREBY ORDERED AND DECREED as follows: consideration of the within Stipulation forlHealt'h I%surance, IT IS o HEALTH INSURANCE FOR WIFE: Jeffrey M. Briel ("~usband") shall provide health insurance coverage for Bonnie A. Woolever ("Wife") as is provided by his employer throug?, and including December 31, 2001. Pursuant thereto, Wife sha..l be deemed to be a Husband's dependent and shall be ntitled to a continuation of her health insurance coverage, notwithstanding the entry of a divorce decree between the part HEALTH INSURANCE DOCUMENTATION: Husband shal with all documentation pertaining to the he~ coverage including, but not limited to, med~ cards, benefit booklets, claim submission statements pertaining to the determination ies . ~ provide Wife ~lth insurance _cai insurance ~[orms and all and receipt of insurance coverage. COBRA COVERAGE: After the termination of the hz coverage set forth in Paragraph 1 herein, permitted until applicable law, Wife shall elect Cobra coverage under the other party's emI in accordance with federal rules and regulation she shall be solely responsible for the paymer therefor. Husband shall cooperate with Wife necessary to secure that Cobra coverage. alth insurance ~o the extent e entitled to loyment policy i provided that t of the costs to the extent - 1 - Bonnie Woolever 3/4/03 Health Insurance Stipulation o SUPPLEMENT TO PROPERTY SETTLRMKNT AGRR~MENT. this Stipulation shall be deemed to supplemen the parties' Property Settlement Agreement. The terms of the terms of Distribution To: ATTORNEY FOR PLAINTIFF: ~iane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 BY THE COURT: ~~Judge ATTORNEY FOR DEFE~ Samuel L. Andes, 525 North Twelfth P.O. Box 168 Lemoyne, PA 17043 DANT: squire Street - 2 - BONNIE A. WOOLEVER, Plaintiff Vo JEFFREY M. BRIEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5952 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of April, 2003, upon consideration of the attached letter from Bonnie A. Woolever, Plaintiff in the above matter, Diane G. Radcliff, Esq., is excused from further representation of Plaintiff in this matter. Bonnie A. Woolever 54 Old Federal Road New Cumberland, PA 17070 Plaintiff, Pro Se Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 Attorney for Defendant Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 :rc BY THE COURT, V~sley Ole~., J. IN TIlE coURT OF COMMON PLEAS OF cuMBERLAND coUNTY, PENNSYLVANIA BONNIE A. woOLEVER, pLAINTIFF jEFFREY M. BRIEL, DEFENDANT : NO. 02-5952 CIVIL TERM CIVIL ACTION - LAW DIVORCE pRAECWE TO TRANSMIT TIIE RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 23, 2002, personal acceptance of service as evidenced by Acceptance of Service filed in this docket April 4, 2003. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the plaintiff March 27, 2003; by the defendant on March 24, 2003. 4. Related claims pending: Property Distribution. The parties have agreed to distribute marital property in accordance with the Marital Settlement and Property Distribution Agreement filed in this Docket April 4, 2003. The parties intend that the Court will incorporate the Agreement into a Decree of Divorce. Please transmit the Agreement to the court for this purpose. Date plaintiff's Waiver of Notice in §3301(c) Prothonotary: A Copy is Divorce was filed with the this Praecipe. Date attached hereto and is being filed simultaneously with defendant,s Waiver of Notice in §3301(e) Divorce was filed with the Prothonotary: Apr/l 4, 2003. Pro Se IN THE COURT Of COMMON PLEAS BONNIE A. PLAINTIFF VERSUS D~DA~ OF CUMBERLAND COUNTY STATE OF ~~, PENNA. NO. 02-5952 - CML TERM DECREE IN DIVORCE AND NOW, ~Ocl I Z5~ ,2003 I DeCrEEd thAT }3Ct~IE A.~O~]3R AND ~M. B RT~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' marital settlement agreement of March 17, 2003, are incorporated~ but not m~rg~d: in~o this decree. ~~ROTH~DNOTARY