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HomeMy WebLinkAbout98-01539 I ~ .~ .. ~ ~ ~ ~ .... \ ~ i J \j \'Q , , I J J .. , ~ '. .'"' I -s , .~ I (JI 0... "l) \c}, """ , ~I <:)-1 , . , ~i I ".. ,:,,,.:tf" ".- -------------------_._--------~ 101\ ' .. "" .' ' . . . " . ~ ~' : IN THE COURT OF COMMON PLEAS ~ ~ ~ .. l:> ~ .. l:> " l:> w ~, M "( ,', ~ w ~, ~ ',' ," ~ l:> ~ ',' w ,,' ~' ',' ~ " .. l:> ,;.i ~ ~ ~ w. '.' ~ ~ OF COUNTY STATE OF t PENNA. SHANNON L. BRINK, Plllintiff Nll..1539.... CIVIL \l)98 Vt'l"-;\\:; TIMOTHY F. BRINK, Defendant I Ii ! AND NOW" "." ' DECREE IN o ~O R Cqq;.t ~~).;7-! . . , k. ' , , , . , . . .. 19,..,... It IS ordered and decreed that""",...,' ", ,S.HANNON .L,. .BRINK......,. .,., .,. plaintiff, TIMOTHY F. BRINK and, " . . . , . , , , , . " . . . . . . . . . . . . ., . . . . . . . . , . , . . , . , . . . . . . . . , . . ., defendant, are divorced from the bonds of matrimony. ~ l:> The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 finoi order has not yet been entered; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED APRIL 12, 1999 ....",..."",...,................,..,........,...,.....,...........,..,' . .:, ~ IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ,.,..............,.,..,. , 8 . Q ~<<I ,(" -:;-';f /.Jt#"~..' p. J, 1;2<1</11<2 "I. ~t;? (/ ' r olhonotl\I'Y ~ ~ ... ~ ... ~ ~ ~ ~ ~ ._, --..- ,.. , ,,- - -.' ,-"....,.., , .." .' ...' ~~-~---------------- ~ ~ ~ ~ " ~ ~ " M '. ~ " M " ~ ~ ~ " ,', ~ ,', ~ ~ i,. ,', * ~ .' " , .. ~ ~ '.- w ~.~ ,', ~ ~ ..' ~ '.. ~ ',' ,', ~ i ,,' ,', ~ .', \: ',' ~ ',' \: ',' ,~ , ' :~ ~(: ,,' ~ '.' i~ .:.:. .:+> .:+> ':6:' .:+;. .:.:- .:+:. .:.:. ':+:. .:+;.' ..... If) ~: h; c::' n, .. "~~l ('1 ":J U.!",i' (. 'J'!,... oiL.. F.~~( C./..O C::';::J ~, ..... , (I' ". In :h~!_~~ , c,'1f... I lout I. .~-:. tiU.i >- ftl/,U ~..... ,,~ ir;1; '{J '-1... I" :<1: .-'.:; /k tn ::.i (;;> <:I'> 0 and the settling of all related economic claims including but not limited to spousal support. alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS. each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties. intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement Wife's counsel shall withdraw Wife's claim for economic relief. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement nu!l and void. 2 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms, No Court may change the terms of this Agreement. and it shall be binding and inclusive upon the parties An action may be brought at law. in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties herelo after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3. ADVICE OF COUNSEL Wife is represented by Michael A Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Stephen G, Held, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement. that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of Its consequences, 3 4. TANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all Items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party shall become the sole owner of the vehicle which that party currently possesses. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names within twenty days of the execution of this Agreement. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 460 Sheep Bridge Road. York Haven, Pennsylvania. That residence is titled in the name of Beatrice Brink, however, wife releases any equitable interest she may have gained in the property through assisting husband in paying mortgage payments and taxes thereon. B. WAIVER OF RETIREMENT BENEFITS: Wife has accrued certain retirement benefits in her position as a corrections officer with Cumberland County, Pennsylvania. Husband releases any interest he may have in all of wife's retirement benefits. including her deferred compensation, presently valued at approximately $8,600.00 and her 401 k through Cumberland County, presently valued at apprOXimately $9,000.00. 4 C, INTANGIBLE PERSONAL PROPERTY The parties have divided between them to t.heir mutual sotisfaction all intangible personal property consisting of cash, bank accounts, annuities. securities, insurance policies and all other such types of property, The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the nama of the Wife shall be her sole and separate property, D, HUSBAND'S BUSINESS: Wife hereby releases all of her interest in the tangible property husband uses in connection with the operation of his electrical business, and she releases her interest in all other assets used by husband in connection with his operation of the business, including vehicles and bank accounts, 6. DEBTS AND OBLIGATIONS Each party represents that stle and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been Incurred between them. except the obligations arising out of this Agreement. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be 5 otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter Incur any liability whatsoever for which the Estate of the other may be liable, Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred, 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the proviSions of the Divorce Code and each party Irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts. engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No, 26 6 of 1980, as amended. including, alimony, alimony pendente lite, counsel fees and expenses. arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement. the sucC'.essful party shall be entitled to recover his or her reasonable attorney fees, actually Incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the sarTIe shall be determined by the Court. 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth. real and/or personal property, estate and assets, earnings end Income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral. of any nature whatsoever, other than those herein contained. 7 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein. Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT 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 10 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 conllnue in full force and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 8 . . SHANNON L. BRINK, Plaintiff IN THE COUR'r OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 1!i39 VS. CIVIL ACTION "' LAW TIMOTHY F. BRINK, Defendant IN DIVORCE ORDEH AND NOTICE SETTING HEARING '1'0: Shannon L. Brink Plaintiff , Michael A. Scherer Counsel for Plaintiff , Timothy F. Brink Defendant , Stephen G. Held Counsel for. Defendant , person Hanover Street, of April place and time directed to appear for a hearing to take grounds for divorce of indignities to the at the Office of the Divor.ce Master, 9 North Carlisle, Pennsylvania on the 29th day 1999,at .---.?:OO__~_ a.m.. at which you will be given the opportunity to present You are testi.mony on the wi.tnesses and exhibits in support of your case. "~" ., '"'0' ,,:h", President Judge Date of Order and Notice: 12/8/98 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 1'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO F'IND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBEHTY AVENUE CAln.ISLE. PA 17013 '}'EJ.EPHONE (717) i49..J}(,(, 5. Husband's complete lack of trust and continued accusations that Wife was unfaithful made the marriage unbearable and Wife's life with Husband miserable. Husband physically assaulted Wife at least twice during the marriage. 6. On or about October 5, 1997. Husband grabbed Wife's hair and dragged Wife around by her hair. He choked Wife and mocked her while she was crying. Husband sat on Wife's chest with his knees on her shoulders while he screamed foul names, spit in her face and forced Wife's hands to strike her face. Husband grabbed Wife in the jaw area and squeezed Wife's face causing injury to the rflcently healed fracture of Wife's jaw. This assault lasted for approximately one hour. Wife was treated two days later at the Holy Spirit Hospital emergency room and was diagnosed with contusions to the face. Wife was transported for treatment at Holy Spirit Hospital by Husband. 7. On or about September 4, 1996, Husband struck Wife with his fist causing Wife to have a broken jaw. 8. Wife was treated for her broken jaw at Currie and Hecht Oral Surgery In Carlisle. Wife was transported to Drs. Currie & Hechts office for surgery by Husband's mother. 9. Husband stabbed his first Wife with a fork and has a conviction for aggravated assault as a result of that incident and was sentenced to a state sentence which was served in the York County Prison. 10. Because of the violence against Wife and because of Husband's violence against a former Wife. Wife was afraid to be herself and express her opinion in the marriage for fear of violence from Husband. SHANNON L. BRINK, Plaintiff IN THE COURT OF COMv1ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TMOTHY F. BRINK, DefEll idai t NO. 00- I"~? CML TERM CML ACTlON.LAW IN DIVORCE COMPlAINT UNDER SECTIONS 3301 (C) AND 3301(0) QF THE DIVORCE CODE 1 . Plaintiff is Sharr.cr1 L. Btiri<, an adJ~ indivkilal 'hf1o is curentIy a resident ci Curbet1lrd Ca.nIy, Pemsy1vania She is represented in this matter by Michael A Sd1erer, Esq,Jire a-d her acttess fa- servioo ci process cnj related matters shall be O'Brien. Ba1c & Sd1erer, 17 West . SoUh Streel, Ca1isle. CLITiler1cr1d Ccu1ty, Pernsy1vania 17013. 2. Defendant is Timolhy F. Brink, a1 cdJlt individual vko a.rrentJy resides at 460 Sheep Bricge Rca:l. YOO< Haven, York Cou1Iy. Pemsylva1ia 3. Plaintiff em Deferda,t have been ba1a fide residents in the ~Ith ci PemsyIvenia fa' at least six rronths Inmediately previaJS to the filing of this Carplaint 4. The Plaintilf and Defendcr1I were rraried on August 13, 1994, in YOO< Cw1Iy, Pemsylvania. COUf\IT 1- DIVORCE 5. Plaintiff hereby incorporates by ~ ~ 1ltYcJo;tl4 above. 6. There have been no prior adions ci divorce a- fa' arulment beIv.een the pa1ies as to thai' o..rrert mariage. 7. Neither Plaintilf r1Q" Derendant is in the Ar1md F~ of tt18 Un~ed States. 8. Plaintiff avers that the rrmiage belv.een the pcrties is irretrievOOly broken. g. The Plaintilf has been advised ci the availOOilily ci COlJ1Seling an that she may have the riItt to req.JeSt that the cou1 reqJire the parties to perticipate in COlJ1Seling. " SHANNON L. BRINK, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYLVANIA NO, 98-1539 CIVIL TERM CIVIL ACTION-l.AW IN DIVORCE TIMOTHY F. BRINK, Defendant ORDER APPOINTING MASTER AND NOW, this / 2~ day of )z'U-in, LU/(j , 19 PeS!, f: 121 /W U!,,-~lelj . Esquire is appointed master with respect to the following claims: divorce, alimony, distribution of property and counsel fees and expenses, BY THE COURT: J, . , missingtr &: missingtt Gttom~ III laW MARY A. ItllR PlIlINalR WILLIAMCHlnlR DIIIINOER I"'HIN alORaE HILD Deoember 3, 1998 Comp 11M! otfl'" 21ii N. rhlrtv.Oeoond Stre.t c.mp '-'11I, Penn.vlv.nl. 1 '1011 717 976,2840 FAX 717 976,3924 Ma,v,vI". OUlc'1 400 South Stlte Rolld MAfVtvllle, Pennevl".n'. 1 1063 717 967.34./4 FAX "17 967,2318 File 2-98-581 E. Robert Elioker, II 9 North Hanover street Carlisle, PA 17013 RBI Brink v. Brink CCP Cumberland 98-1539 Dear Mr. Elioker: On Deoember 2, 1998, I entered my appearance on behalf of the Defendant, Timothy F. Brink. On December 2, 1998, I also received from Jane sohussler, a oopy of your letter dated November 19, 1998. In that letter you direct filing in aocordance with pa R. C. P. 1920.33(b) to file a pre-trial statement on or before Monday, Deoember 14, 1998. As I have just recently been retained by Mr. Brink, I request additional time to file my pre-trial statement in order for me to obtain discovery and/or conduct settlement negotiations. This disoovery or settlement negotiations may moot a Master's Hearing in this case. For your reference, on December 2, 1998, I also filed a petition for alimony pendente lite. I have been in contact with Michael Scherer, who represents plaintiff. Mr. Scherer is not opposed to my request for additional time to file my pre-trial statement. However, he still wishes to eventually have a hearing on fault grounds of indignities as raised in the divorce complaint. However, I feel it would save everyone involved attorney's fees if additional time is given in order for me to evaluate my client's case and state position on such issues. Thank you in advance for your cooperation. Absent hearing from you, I will file the pre-trial statement in accordance with pa R.C.P. 1920.33(b) on or before Monday, December 14, 1998. 1.IlII'Of/lw.. O'BRIEN, JlARIC & SCHE'RER 17 We.., Soulh S//'eel ('''''11../". I'el/l/.lylvmllll 17013 Slevell J. fol.l/llllall Ofe"ulI..el Roh(,l'll" O'llrIen D",'ldli. /Ja/'Ie Michael A. Sehel../' fJ'.maJ/ "b.,@eJllx.llel November 30, 1998 (717)249-61$73 1'>1)( (717) 249-.f 755 E. Robert Elicker, II, Esquire Divorce Master 9 NOl1h Hanover Street Carlisle. Pennsylvania 17013 RE: Shannon L. Brink v. TimothY.E.-Bcitlli No. 98-1539 Civil Term In Divorce Dear Mr. Elickar: Thank you for your letter dated November 19, 1998 in the above-captioned matter. It is my understanding from Jane H. Schussler, Esquire. that Mr. Brink will nO.1 consent to a divorce. As such, please schedule a hearing on the grounds of indignities at your earliest convenience, Very truly yours. O'BRIEN, BARIC & SCHERER ~~~ Mlchaal A. Scherer MAS/jc cc: Jane Schussler, Esq. Shannon Brink File mas.dlr/letters/brlnk3.ltr 'I ',';1 ';.'_1 ,-i" " .\ ,.,-.'\ I " ,\,.-l ,\') , I , , ,'.\ , ...\ (,:',i, i ~ .,,~ , ,',,(, .'\ ~_' ',J \ '._'_\ .... ....... \ ' " , ~~~!d. vt:1'.1 II " .'{"l} ','},' , J; :." ...~. ~,~i~ '<",I."'Y"-"" ,;1 l/.f' ,; ~."' , \\'t' " i:i (, '111,;1 nn n 11 "M-1f\ ,-' DISSINGER & DISSINGtR 839NISSIO ~ 83DNISSIO '." (i[i!;( n JJd '.".' ~nlri\j-I f. _j '" __,,' '.1 I, ',L .., __,--- ',,\ ~ I~! '..'.'.1'. '..' '.'." ..........' '..'.'-.'" 'jl ". ~~ k:'~ 'rp.f') it' a ,Jt/'~.\h,~'t.ll'::l ~:.~{~. d, .. Vi: r;; /'11 (_, (1\ en ,-" ..., ri[t<\li)I:;r:: ""'jrtrM -__;1,_'1 ~i9 .I/,H ,.'1 I;: 1,: 111 In the Court of Common Pleas of CIJMDERI.ANU COUllty, I'cnusylvanhl POM.;STlC R.:U'I'IONS SECTION TIMOTHY F. BlUNK ) [)(I~kCI NlIlllher 99 iSH CIVIL Plalllllff ) VR. ) PACSES Case NUlllher 279100S94/D28,208 SHANNON L. BRINK ) Defelldalll ) Olher Stale ID NUlllher Qrlkr AND NOW to wit, this MARCH 16, 1999 it Is hereby Ordered that: THE ABOVE CAPTIONED PETITION FOR ALIMONY PENDENTE LITE IS DISMISSED, WITHOlTT PREJUDICE, PURSUANT TO PETITIONER WITHDRAWING THE HIS CLAIM FOR ALIMONY PENDENTE LITE, BY THE COURT: DROI RJ Shadday xc I pla.l.nt:l.ff---" defendant ~ \"l\ci..\.i,<\ S, Held, Esq. ~ \\.\,,\.0.0,"' M. Scherer, Esq. 3"\ \ ~;. c\t\ J JUDGE Service Type M Porm OE-OOl Worker ID 21005 ~ l,O ""'~ ('-~ ('; "" ~'~'I .. i.:~:~ co 1:'::-' lc, :.r: ) , i~r't "l.~: ;i ~ ,J ~(' N rn - ~ N I>:', I" 1'::< .'"1. ~ U "" ,i)JUJ 0:. :,' .U. P1';L, t.. ~.:: ..c. u. en ::.) 0 (T. (,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. I'ENNSYLV ANIA PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for Defendant, Timothy F. Brink. in the abOve-captioned matter. DATE: (\ I \ \,,/, 1:/ '......... l.:>_ I ~,- I (.1 I l' r- ' . By:l, . /' ,1'( C>.: (c ('" ~' \'ll.e.<..._ , -- /. . ane H. Schussler, Esquire ~, STOCK AND LEADER, P.C. 35 South Duke Street York, PA 17401 (717) 846-9800 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Timothy F. Brink. in the above captioned matter. DATE:~ - BY: teph n G. Held. Esquire 28 N. 32nd Street Camp Hill. PA 17011 (717) 975-2840 j ~ ~ q .. (';J i t-,.. ,'-' " If': i"" ~ r:', .. U_.! ~,.: ~... ,- -\- '-d (,~~- c . , ~ ~ 0 ('->r d< " ..,J, ~ ,1. ;- in '::j tC11 (\,i B t/:c ;',., ':ti ~ I,"" ,< ~i!,,, ~ (j IJ \',"1, ','/'1 ..,1 ~ (J) U