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PATRICIA ANN BROLLE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
I PENNSYL VANIA
)
vs, ) CIVIL ACTION - LAW
)
) NO, 98- .Nt- 0 CIVIL TERM
BRUCE W. BROLLE, )
Defendant ) IN DIVORCE
COMPLAINT IN DJ~CE
AND NOW comes the above-named Plaintiff, PATRICIA ANN BROLLE, by her
attorney, Samuel L. Andes, and makes the following Complaint in Divorce:
1, The Plaintiff is PATRICIA ANN BROLLE, an adult individual who currently resides
at 460 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania,
2, The Defendant is BRUCE W. BROLLE, an adult individual who currently resides at
314 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania,
3, Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint,
4. The Plaintiff and Defendant were married on 4 November 1989 in Mechanicsburg,
Pennsylvania.
5, There have been no prior actions of divorce or annulment between the parties.
6, This marriage is irretrievably broken,
7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
may have the right to request that the Court require the parties to participate in counseling,
COUNT I
8, The Plaintiff requests this Court to enter a Decree of Divorce,
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania,
3
COUNT II . EaUIT ABLE DISTRIBUTlo..N
9, During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto,
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant. to equitably divide the property, both real and personal, owned by the parties
hereto as marital property,
CQUNT III -,ALIMONY
10" Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage,
11, Plaintiff is unable to support herself in accordance with the standard 0'1 living of
the parties established during the marriage through appropriate employment.
12, The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff
from Defendant permanent alimony in sueh sums as are reasonable and adequate to support
I and maintain Plaintiff in the station of life to which she has become accustomed during the
marriage,
COUNT IV - ALIMONY PENDENTE LITE
13, Plaintiff is without sufficient income to support and maintain herself during the
pendency of this action,
14, Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action,
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action,
4
PATRICIA ANN BROll.E, ) IN THE COURT OF COMMON
) PLEAS OF CUMBERLAND
Plaintiff ) COUNTY, PE.NNSYlVANIA
)
vs. ) CIVil ACTION, lAW
)
BRUCE W. BROllE, ) NO, 98,2460 CIVil TERM
)
Defendant ) IN DIVORCE
AC.ctfIANCE OF SERVICt
I hereby enter my appearance on behalf of the Defendant. Bruce W, Brolle, and
accept service of the Complaint in divorce on his behalf and acknowledge receipt of a copy
of the same,
DATE: 7JLalft; /99f
Jt4~
Theresa Barrett Male
Attorney for Defendant
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PATRICIA ANN BROLLE , I IN THE COURT OF COMMON
Plalntlft ) PLEAS OF CUMBERLAND
I COUNTY, PENNSYLVANIA
vs. )
l CIVIL ACTION. l.AW
BRUCE W, BROLLE, I
Defendant ) NO, 98,2460 CIVil TERM
1
I
I
II
AEFIDA VII OF CONSENT
1, A Complaint In Divorce under Section 3301 (e) of the Divorce Code was flied on
April 30, 1998 and served upon the Defendant on or about June 22, 1998.
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 thll 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.
I Section 4904 relating to unsworn falsification to authorities.
I &k, 100
Date f '
II
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PATRICIA ANN BROLLE
460 ALLENVIEW DRIVE
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PATRICIA ANN BRO!'L!':,
Plaintiff
IN THE: COURT OF' COMMON PLE:AS OF
CUMBEKLAND COUNTY, PE:NNSYLVANIA
vs.
NO. 98 - 2460 CIVIL
BRUCE W. BROLL!':,
Defendant
IN DIVORCE
THE MASTER: Present for the Plaintiff,
Patricia A. Brolle, is attorney Samuel L. Andes, and present
for the Defendant, Bruce W. Brolle, is attorney Michael J.
Wilson.
The parties Wc1re married on November 4, 1989,
and separated April 27, 1998. They are the natural parents
of one child, Michael Aaron, born June 26, 1991. The
parties share custody of Aaron.
A divorce complaint was filed on April 30,
1998, ralslng grounds for divorce of irretrievable breakdown
of the marriage. Counsel have indicated that the parties
will sign and file affidavits of consent and waivers of
notice of intention to request entry of divorce decree so
that the divorce can be concluded under Section 3301(c) of
the Domestic Relations Code.
The complaint also raised the economic claims
of equitable distribution, alimony, alimony pendente lite,
and counsel fees and expenses. Mr. Andes has indicated
that his client will most likely withdraw the alimony claim
which is pending so we will be left with the claims of
equitable distribution and counsel fees and expenses.
Wife is 45 years of age and resides at 460
Allen View Drive, Mechanicsburg, Pennsylvania, where she
lives with a male friend. She also has the minor child on a
shared custody basis living .Iith her. Wife has a
Bachelor's degree and is a staff analyst at IBM. According
to a support order entered July 22, 1998, her net monthly
income is $4,075.00. She is currently receiving alimony
pendente lite in the amount of $95.00 per month. Wife has
not raised any health issues.
Husband is 51 years of age and resides at 314
East Meadow Drive, Mechanicsburg, Pennsylvania, where he has
the child on a shared custody basis. There is some
uncertainty as to Whether or not he is currently living with
a female friend. Husband has a Bachelor's degree and he has
a management position with IBM. According to the order of
support entered July 22, 1998, his net monthly income is
$4,313.00. Husband has not: raisod any htlil1th iSSU(lS.
The parties own real Bstate at 314 East
Meadow Drive, Mechanicsburg, Peensylvania, which is going to
be appraised to establish a market value. Tho Master,
however, has poInted out that 1 f the partles decide to sell
the house, they should lIst the houscl as soon as possible
for sale and the cost of saID will be borne equally by the
partIes. Howover, husband should not expnct that the Master.
will allocate any cust of sale to wifo if he decides at the
time of the hearIng that he wants to put tho house on the
market. We should therefore use the benefIt of thIs time
before the hearIng, to have the house listed If tho husband
is of such a mInd. The market value of the house will be
estabLished by the sale priCt,. The house Is subject to a
first mortgage and a second mortgago.
IBM tax
plans.
Both parties have InM retIrement accounts,
deferred savIngs accounts, and IBM stock purchase
Counsel are going to have those accounts valued.
There are also joint accounts with Smith
Barney, PNC BrOkerage, and PrudenUal Secur:i.ti.es.
The Master has asked counsel to prepare a
worksheet showing the date of separation balances of these
accounts, any nonmarital values, and any increase in values
which apply to any of the retirement or securities accounts.
Mr. Andes and Mr. Wilson have indIcated that they think that
the joint accounts with securities companies are probably
all marital; however, there may be some nonmarital portIons
to the retirement, tax deferred savings account, and stock
purchase plans.
The parties have listed some vehicles and
counsel are goIng to try to work out an arrangement with
eIther values or distribution of funds after sale of
vehicles. Counsel also need to have the household tangible
personal property appraised along wIth husband's coin
collectIon and sports memorabIlia collection.
With respect to the marital debt, according
to husband, a substantial portion of marital debt has been
paid down sInce the separation, There is some questIon
about what marital assets have been used to pay that debt.
An accountIng should be made to show how the debt has been
paId and what marital funds were used to reduce the debt.
According to Exhibit D-'l of husband's pretrial statement,
the current balance of marital debt owing is $29,706.93.
Also according to that statement, the soparation date amount
of debt was $147,737.85.
the large amount of debt
used.
Consequently we need to know how
was lIquidated and what funds were
The Mastor is golrlCJ to ask counsel to put on
tho record a statoment showing how they would like to see
the case proceed in terms of a time lIne. Tile Master wIll
schedule a hearing dat.e ,lame t.ime in t4ay but before that
date we hope to be able to accomplish certain valuations and
appraisals to perhilp~1 brinq the Cil~W closer to the
possibility of settlement. Mr. Andes.
MR. ANDES: I think that addresses my issues.
I think we have recognized that there are basically five
categodes of assets to be appraised. There is the hOUSE:,
the household funishings, the sports memorabilia collectIon,
and there Is a coin coliection; and then there are pensIons
and related tax deferred assets \-lith the employer IBM, tax
deferred savings plans and stock option accounts which may
not have to be appraised. But there are five categories --
certainly the pensions will have to be.
I think we have agreed that if the parties
can agree on values we will use those agreed values but,
otherwise, they will have to be appraised and we will use
money from one of the joint investment accounts to pay the
cost of those appraisals to the extent they are necessary.
Mr. Wilson has shown me a copy of a
comparative market analysis done on the house and I will
revIeW that with my client and see if she will accept that
and if that is the case, we need not have the house
appraised.
OtherwIse, I think \-Ie should have an
understanding that by the lOth of January 2000 Mr. Wilson
and I will select an appraiser for each of those assets and
get them appr~ised, get the appraisal process started and
that would give us until may be the middle of February to
start working on our nwtual spreadsheet or worksheet of
assets including the use of some marital funds to pay down
marital debts. If that is agreeable to Mr. Wilson, I think
that is a fnirly reasonable time frame.
My understandIng is that Mr. Brolle is
prepared to make an advanced division of the stocks in these
various investment accounts and we discussed that. He
proposes to wait until all of the market activity, the puts
and calls, have expired or are no longer limiting these
assets or affecting them and then take the stocks which
exist and distribute them in kind so that each of the
parties receive half of thosa ~ubject to any iater
adjustment by the Master or by the Court, and we talked
about perhaps being able to do that in January or February
of 2000, once the current puts and calls have expired. Mr.
Wilson was going to talk to his client and get me a letter
telling us A, when he expects the puts and calls would no
longer affect the stock and 8, what stock was owned so that
each of the parties could make some arrangements to get
accounts open so that these stocks could be transferred to
them and then Mr. Wilson and I could work out a written
agreement in which Bach of the parties would be responsible
for any capital gain tax resulting from sale or liquidation
of those stocks once they are transferred to each of them;
is that correct, Mr. Wilson?
MR. WILSON: Well, there is one problem with
the stocks that we discussed very briefly before we went on
the record that occurs to me now and that is first, we need
the percentages allocated. Perhaps it would be better to do
something along the line of 40/40 and leaving 20% in some
type of a joint account or perhaps 45/45 and 10%, something
to that effect because we may need to liquidate the position
in the joint account to accomplish some other task in this
distribution. But besides that, also, there is the issue of
if my client, whatever percentage is allocated in his
account, takes that account and continues to successfully
increase its value. I would think at that point -- it would
be my position on behalf of my client -- that he should not
have to subsequently distribute any of that value simply
because he has been more diligent about overseeing his
investments, if you will, and attempting to aggressively
increase their value, whereas, what Mrs. Brolle does with
hers, of course, is her business and subject to whatever __
THE MASTER: Well, isn't that the basis of
the reason why -- to the benefit your client that he is
willing to do this -- to separate some of these accounts?
MR. WILSON:
Andes' con~ent earlier
didn't discuss it.
I agree. Rut I don't think Mr.
in fairness to Sam, we really
TilE MASTER: I think the division at that
point would negate any further claims of a marital nature
against these accounts except perhaps any adjustments that
would have to be made by way of a different percentage of
distribution. It wouldn't affect the increase in value of
those assets.
MR. ANDES: Or the doctl1ilSO in value. If
they each got 100 I!hares 0 t' Ii Lac kin GC,llIH'ill Moto tfJ ilnd he
decides to use his to put putli ilnd callli at make puts and
calls and, l:Iwrof'oto, makes lIlonoy on that; that:'s his money.
Conversely, it' he llSfW puts and calls and lO!H~'J his shirt,
that's his loss, the Silme with hers. II ,rho decides to
leave hers in General Mototli; l:iwt':J her stock. I f she
decides to ,;ell it ilnd put it into a lIl11tllii.l hind that milkeD
money or lo!ws mOlley; that' ,J IlPr gaIn or her IO'Js, the idea
of it being that thi:'> is an advdncod di <Itr.ibuti on of marital
assets.
[ don't have any probl em holding 10'/, of the
stock in reser.vu in a jo.int account. [be.l.ieve there will
be other funds in those joint accounts that are not stocks
or investments that we can hold. There are essentially cash
equivalence, and there certainly are other assets that are
available as nc)cessary. In fact, I think it miLlht be better
to distribute 40% to her and 40'1 to him and hold 20% and
that's fIne with me, but your understanding, Mr. Wi.l.son,
would be correct: to the extent that one of them makes or
loses money with the stock after it is distributed to them;
that's their gain or their loss and that is not a marita.l.
gain or loss.
MR. WILSON: With respect to two additional
points, Mast()r Elicker, with respect to that hypothetical
20%, we would need to reach some type of an agreament as to
what can or cannot be done further with those assets in
terms of whether your client is inclined to allow my client
to try to continue to increase their value or to decline
that approach. The second point was -- that I raised off
the record -- the taxation if we do this advanced
distribution. There has to be sarno type of underlying brief
written agreement between the parties that each is
responsible for their taxes on those assets and will
indemnify the other.
MR. ANDES: I t.hought I coven,d that in my
comments. Certainly the 20'1, that J~ allowed to remain in
these joint accounts will be subject to their mutual control
and if she does not want that invested in a partiCUlar way
or he does not want it invest.ed in a particular way, then it
won't be.
MR. WILSON: But from t.here on out, Sam, I
would just lJ.ke it in writing after we do that. That's all.
Up to this point my impression has been that Mrs. Brolle has
acquiesced to what Mr. Brolle has wanted to do but because
of the potential dangers involved to my client. After that
1989, and fJeparated April 27, 1998. They at'e the natural
parents of Michael Aaron Brolle born June 26, 1991.
After considerable negotiations prior to
today and this mQrning, the Master has been advised that
the parties have reached a settlement with respect to the
outstanding economic issues, An agreement is going to be
placed on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
changes or modifications except for correction of
typographical errors which may be made during the
transcription.
Specifically that means that when the
parties leave the hearing room today they are bound by the
terms of the agt'e~'ment whether or not they subsequently
sign the document affirming the terms of settlement as
stated on the record.
A draft of the agreement will be sent to
counsel to review for typographical errors. The
typographical errors will be corrected, and the agreement
will then be given to the parties to sign affirming the
terms of settlement. After the Master has received the
agreement from counsel he will prepare an order vacating
his appointment, at which time counsel can file a praecipe
transmitting the record to the Court requesting a final
2
decree in divorce, Mr, Andes.
MP, ANDES I '['he parties have agreed as
follows:
1. Child Cill!1g~. Husband and wife
acknowledge they are parties to an action before this Court
filed to number 98 -2416 Ci vii Term in which an order has
been entered making provision for the legal and physical
custody of their minor son, Michael Aaron Brolle, The
parties shall continue to cooperate with each other to
comply with that order as it: may be amended and modified in
the fut.ure.
2. Child Sup9ort. This agreement makes no
provision for the support at the parties' son during his
minorit.y except as expressly set forth herein. Each of
the parties reserves unto themselves all of their rights,
claims, and defenses regarding t.he financial contribution
of either of t.hem to the support of their child, except for
the provisions set forth in paragraph 3 hereof.
3. Col1eQe Expenses, Husband agrees to
pay for tuition, r'oom and board, including off campus room
and board, books, and other required curriculum related
fees or subscript.ions (hereinafter "expenses") for a four
year post-secondary education of Michael at a college,
university or vocational instit.ution.
The obligation of husband to pay such
expenses shall b",gin in the year of this agreement and
cease after 4 1/2 years from the date of Michael's initial
enrollment at. any such institution or when Michael attains
the age of 25, whichever shall first occur.
Husband agrees to begin currently paying
into an account or account.s established for the benefit of
Michael (hereinafter "account") an annual amount equal to
no less than $4,000.00, the sole purpose of which shall be
to apply to the Expenses of the post-secondary education of
Michael at a college, university or vocational institution.
Account statements shall be furnished to wife by husband
evidencing his compliance with the payment obligations
agreed upon herein.
In the event any amount remains in the
account, following the cessation of husband's obligation in
this paragraph, or following the graduation of Michael from
an inst.itution, such remaining amount shall be disbursed to
3
Michael as follows:
One-haif of such amount at the time of
graduation or completion of the 4 1/2 year period stated
above, followed by the disbursement of the romt1ining
balance 5 years thereafter.
Notwitl18tandlng anything othm:wlfH" writt.en
herein, in the event Michael does not enroll. in or obt.ain a
degree from any college, university, or vocational
institution prior to his attainment of age 25, any amount
in any account or account.s established by husband to
fulfill his obligation hereunder shall be used for the
benefit of Michael and shall be disbursed as follows:
One-half of such amount at the time Michael
attains the age of 25, and the remaining amount at the time
Michael attains the age of 30. Husband shall be permitted
to place any payment of the principal amounts or investment
earnings or income from such principal into an inter vivos
or testamentary trust or trust.s for Michael's benefit
provided the terms of such trust comply with the t.erms of
this agreement.
By a written amendment to this provision
signed by both parties, any amount of principal or
investment income from such principal may be used and
applied for the benefit of Michael to pay for a significant
event affecting Michael such as his purchase of a home for
his residence, his wedding, or extraordinary medical
. expenses.
In the event that wife shall hereafter seek
and obtain an order obligating husband to pay child support
to her for the beneEit of Michael in an amount of $2,000.00
or more per year, the obligation of husband to contribute
to the Account as provided for herein shall be reduced by
one-half .
Notwithstanding the aforementioned
conditions pertaining to current payment obligations for
Expenses or the partial relief therefrom, husband shall
remain liable for the full payment and satisfaction of all
expenses at such time Michael enrolls and begins to attend
any institution permitted herein, applying thereto all
available amounts in the Account, and all available grants,
scholarships, fellowships, and similar financial non-debt
aid or assistance from whatever source reasonably available
to Michael.
4
HUfJband i.Hld wife a<)ree to fully cooperat.e
with each other and work t0<)(\ UIOI' in mwkinq all EIlIC'h aid
or aseisLance for the benefit of Michael's pont-necondary
l;'ducation at tho timl' !w purmlOfl onrollment ,lll any tlllch
institution and thereafter while he remainn enrolled.
4, jlealLtLlllilllrance for~9Jl, Each of the
parties nhall provide hecdth insurance for t.he child aEI
that is available through their employer. Husband shall
be responsible to pay 60 percent, and wife shall be
responsible to pay 40 percent', of all unreimbut'sed medical
expenses, including medical, dental, psychological,
orthodontic, and other health care expenses not covered by
the insurance provided by both parties.
5, Income Tax Exemption for Son, Husband
shall be entitled to claim the son's personal exemption
for income tax purposes in even numbered years, and wife
shall be entitled to claim such exemption in odd numbered
years, The parties will make, execute, acknowledge, and
deliver any and all documents necessary to implement this
arrangement, including the forms necessary to confirm to
any taxing authori ty each party's right to such exempt ions.
6. Life Insurance. Husband and wife shall
obtain insurance on their respective lives, which shall pay
a death benefit of at least $100,000.00, and name the
parties' child as the sole and exclusive beneficiary of
such insurance, provided such coverage is reasonably
available at reasonable rates or through their employment.
Further, they shall pay all premiums and
take all actions necessary to maintain such insurance
without reduction in the death benefit and continuing the
child as the Bole and exclusive beneficiary until the child
attains the age of 25 years. Further, they shall provide
proof to each other, at least annually, of the continuation
of such insurance in compliance with this paragraph.
7. Marital Residence. The parties are the
owners of a property at 314 East Meadow Drive in
Mechanicsburg, Pennsylvania. With regard to that
property, the parties agree as follows:
a. Within 20 days of this date they shall
select by mutual agreement an independent and impar'tial
appraiser to appraise the property and determine its fair
mark.et value,
b, Upon receipt of the appraisal, husband
5
shall have the right to purchase wife's interest in the
property by paying to her one-half of the difference
between the value of the property as established by the
appraisal performed in accordance with subparagraph a
hereof, and the t.hen"exist.ln(~ balance on the mortgage which
encumbers the property.
Husband shall have 20 days from the date the
parties receive the appraisal to notify wife of his
election to purchase her interest in the property, and
shall have 60 days thereafter to complet.e the purchase by
refinancing the existing mortgage on the property to obtain
wife's unconditional release from that obligation, and by
tendering payment. of the awn due to wife, calculated in
accordance with this subparagraph, at which time wife will
deliver a properly drawn and executed deed.
If husband purchases the property from wife
pursuant to this subparagraph, such purchase will vest
title to the property in husband alone free of any further
claim by wife.
c. If husband does not elect to purchase
wife's interest in the property in accordance with
Subparagraph b hereof, the parties shall, within 30 days of
the date of their receipt of the appraisal, performed in
accordance with Subparagraph a hereof, list the property
for sale with a mutually acceptable realtor, and cooperate
with such realtor to arrange the most efficient and
effective sale of the property for its reasonable fair
market value as promptly as possible. upon the sale of
the property, the net proceeds of the sale shall be
applied, distributed, and paid as follows:
1. First, to the costs of sale, including a
reasonable real estate sales commission;
2. Then to pay the balance owed on the
mortgage or any other lien or encumbrance against the
property (except the existing home equity loan) which must
be paid to convey clear title to the purchaser;
3. The remaining net proceeds shall be
di vided equally between the parties. Both parties shall
cooperate with each other, the appraiser, the realtor, and
their attorneys to promptly ilOplement the terms and
provisions of this paragraph for the disposition of the
residence.
Husband shall pay the balance owed on the
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home equity loan which currently oncumbers the property,
and husband f1lwll make all irlfJtallment payments on the
mortgage and home oquity loan aEl long a8 he occupies the
residence prior to its sale to a thini party or its
transfer to him pursuant to thio paragraph.
B. Motor Vehicles, Husband shall be and
remain the owner of his 19B9 Mercedes Benz. automobile, and
wife shall be and remain the owner of her 1987 Toyota
automobile, and each party waives any claim to or interest
in the motor vehicle of the other, The parties shall
make, execute, acknowledge, and deliver all documents
necessary to transfer or confirm title of the vehicle from
the other party.
If either vehicle is encumbered by a debt,
the party receiving that vehicle shall pay and satisfy the
debt in accordance with its terms, and shall indemnify and
Save the other harmless from any 108s, cost, or expense
caused to them by their failure to do so.
9. Hill iard Lvon Investment Account. The
parties acknowledge that they are the joint owners of an
investment account with Hilliard Lyon, which has a present
value of approximately $1,200,000,00, and into which they
have in the past transferred the assets from the PNC
brokerage account. With regard to that account, the
parties agree as follows:
a. They shall, within 10 days of today's
date, pay from the funds in that account the present
balance owed to the Internal Revenue Service and the
Pennsylvania Department of Revenue for income taxes and
interest, if any, due for the tax year 1999, which the
parties acknowledge to be in the total amount of
approximately $49,000.00,
b. The balance of the funds and assets in
the account shall be divided equally between the parties
within 1. 0 days of the date of t his agreement. The parties
will cooperate with each other and their attorneys and
other advisors and representatives to divide and distribute
the funds in the account as fairly and equitably as
possible, and in such a way as to avoid or minimize any
fees, taxes, or other expenses resulting from the
liquidation or transfer of such accounts or assets.
c. Husband acknowledges that he has been
managing this account and the other investment accounts
since the parties' separation, and that as a result he has
7
information regarding paElt t.rallsac:t:lol18 in the accounts
which may be neCOS9Elry or helpful for wHo .in managing the
account in the futuro or in calculating capital gain or
other income taxes 01' calculatincl and n3port:ln9 or paying
tax on such assetE1 or income,
Husband agreBfJ t.hat. ho flhllll make all
information reasonably available to wife to provide her
wi th the informat ion she needfl for thoge purpoEles, The
part.ies agree that they shall cooperat.e with each other to
implement. t.he terms and provisions of thin paragraph as
promptly as possible after today's dat.e.
10. Retirement AccounJ;J:Liind Other
Employment Assets and Benefits. The parties acknowledge
that both of them are employed by IBM and have been
employed by that company throughout their marriage, and
that, as a reElul t of such employment. each of them has
benefits within the IBM Retirement Plan, the IBM Tax
Deferred Savings Plan, and t.he IBM E:mployees Stock Purchase
Plan, and that the parties have previously exchanged
information about t.he existence and value of those accounts
and assets.
Being aware of those assets and their right
to make claims against the assets held by the other, each
of the parties does hereby waive and release any claim to
the interests owned by the ot.her in t.he IBM Retirement
Plan, the IBM Tax Deferred Savings Plan, and the IBM
Employees Stock Purchase Pla,n, and does hereby confirm the
benefits and assets within each of those accounts to be the
Bole and separate property of the other.
11. Personal Prot;>ertv, The parties
mutually agree that they have effected a satisfact.ory
division of the furnit.ure, household furnishings,
appliances, jewelry, sports memorabilia collections, coin
collections, and other household and tangible personal
property between them, and they mutually agree that each
shall from and after today's date be the sole and separate
owner of all such tangible personal property presently in
his or her possession, whether such property was previously
owned jointly or individually by the parties hereto, and
this agreement shall have the effect of an aseignment or
receipt from each party to t.he other for such property as
may be in the individual possessions of each of the parties
hereto, the effective date of s~ch assignment or receipt to
be today's date.
12. Attornevs Fee~.
Each of the parties
8
shall be responflible to pay their own att,orneys fees and
costs associated with this divorce action and any related
actions between the parties, and each of the parties waivBs
and releases any claim a9alnst the other for such fees and
expenseEI.
13 . Wai ve,LQ,LFurther Claims. Each of
the parties hereto does hereby waive any further claim
against the other for alimony, spousal support, alimony
pendente lite, or equitable distribution of marital
property. Each of the parties recognizes their right to
have the Court determine those claims and hereby
voluntarily waives the right to have the Court do so.
14. Naiver of Estate Riqhts. Except as
herein otherwise provided, each party may dispose of his or
her property in any way, and each party hereby waives and
relinquishes any and all rights he or she 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 statutory allowance, widows allowance,
right of intestacy, right to take against the will of the
other, and right to act as administrator or executor in the
other's estate.
Each will at the request of the other
execute, aknowledge, 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.
15. Representation As to No Debts. The
parties hereto mutually represent to the other. that neither
of them has incurred any debts in the name of the other not
previously provided for in this agreement. Each of the
parties hereby represents to the other that neither of them
has 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 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, and both parties represent and
warrant to the other that they have not so contracted any
debts unbeknownst to the other up to the time and date of
this agreement.
16. Disclosure. Both of the parties
9
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 f.i.nanc:lal information from
the other. Each of the parties represents that they have
reviewed this information with their attorney or had the
opportunity to review this information with an attorney of
their choice and voluntarily decided not to do 80.
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 t.o have a court. force such disclosure in
the divorce action. Being aware of t.hose rights, the
parties expressly waive the right. to further disclosure or
discovery regarding marit.al asset.s, liabilities, incomes,
and finances.
1'7. Release. The parties acknowledge t.hat
the purpose of this agreement is to divide all of their
marital property, resolve all 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 t.o obtain legal representation
with regard to this agreement, and t.o the claims which they
are terminating today.
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 t.hey may have or may ever have had
against the other party, and each of the part.ies does
hereby waive, relinquish, release, and surrender forever
any right they have against the other party arising out of
their marital relationship or any other dealing between the
parties prior to today's date provided, however, t.hat this
release shall not exonerate eit.her of t.he parties from t.he
obligations t.hey expressly make in this agT.eement. today,
which shall survive today in t.he entry of a final decree in
divorce.
18. ~verability. If for any reason
whatsoever any part of t.his 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.
MR. WILSON:
The only thing on the record
10
real quick is back to the amendment to that one f;lentence
which Master Elicker stated we would have t.he opportunity
to review its final draft form before we ..- that being the
occupation of the premises being the condition.
THE COURT: We can look at the wox'ding on
it. I mean it may come out all right in the dictation
that it's a complete sent.ence. Maybe it will come out
t.hat it's not. You can just fix it. The principle is not
What I s going to change. It just may be the artfulness of
the way it was stated, but in any event do you want to go
on the record with your client?
MR. ANDES: Yes. Mrs. Brolle, we've been
here for 3 hours. We've been working on this case for more
than 3 years. Would you agree that you've had ample
opportunity to review all of these financial matters with
me prior to today and again this morning?
MRS. BROLLE: Yes.
MR. ANDES: Are you satisfied that you are
conversant and familiar with the facts and the economics in
this case enough to enter into this agreement today?
MRS. BROLLE: Yes.
MR. ANDES: Did you hear what I dictated?
MRS. BROLLE: Yes.
MR. ANDES: And did you understand it?
MRS. BROLLE: Yes.
11
MR. WIL.SON; Again, for the record, it's my
client's understanding wi th regard to his responsibil i ty to
continue to pay the remaining balance of the home equity
loan -. I'm sorry. My client's obligation to pay the first
mortgage on the house would be an obligation that would
continue while he remains in occupation of the house.
With that said then, Mr. Brolle, you've been
present during the entire reading of the agreement by Mr.
Andes, correct?
MR. BROLLE: Correct.
MR. WII,SON: And prior to Mr. Andes reading
into the record this agreement, you and I have had several
occasions to discuss privately the terms and conditions of
the agreement; is that correct?
MR. BROLLE: Yes.
MR. WILSON: Are you satisfied with my
explanation of the terms and the conditions as they've been
discussed between you and I, and as thf.ly've now been read
into the record?
MR. BROLLE: Yes.
MR. WILSON: Are you willing to " are you
prepared to 11 ve wi th and .. 11 ve up to the terms and
conditions as you've heard them placed in the record by Mr.
Andes?
MR. BROLl,E I Yes.
13
a, An appraiser to determine Ihc valuc of the marital residence, to the extent the
parties cllnnot othcrwise agrce to stipulate to II valuc;
b, . An IIpprllisel' 10 dctcn11ine the valuc of the pcrsonall11arital propel1y, to the extent
the parties cannot otherwise IIgrcc to stipulate to value or, IIlternatively, physically
divide such property by agreement between them IInd mutually wllive any claims
agllinst such propcrty retained or possessed by each;
c, An actuary or pcnsion expert to estahlish the value of that part, ifany, of the
retirement plllns of each party, to the extent the parties do not otherwise agree to
mutually Wllivc any intcrest they may have in such plans of each other,
ili.-TRIAL WITNESSES
Defendant may call the following individuals during the trial relating to the issues set
forth, to such extent such issues are not otherwise resolved or moot:
a. Samuel L. Andes:
Alimony and attorney fees and expenses claimed by Plaintiff in Counts III and V
of the Complaint in Divorce;
b. Michael Volcko:
Grounds for divorce, alimony and attorney fees and expenses claimed by Plaintiff
in Counts I, III, and V of the Complaint in Divorce;
c, Bruce Thomas Brolle, PNC Brokerage Account Representative:
Equitable distribution ofPNC accounts claimed by Plaintiff in Count IV oflhe
Complaint in Divorce;
d, Marc Melvin, Salomon Smith Barney, Financial Consultant:
Page 2 of 7
Equitable distribution ofPNC accounts claimed by Plaintiffin Count IV of the
Complaint In Divorce;
e, Monte Sahba , Salomon Smith Barney, Finuneial Advisor:
Equituble distribution of PNC accounts claimed by Plaintiff in Count IV of the
Complaint in Divorce;
4. EXHIBITS
Defendant expects to offer into evidence originals or copies of the following:
a, Any and ull wrillen rep0l1s prepared or authored by any expert called by either
party and allY document relied upon by sUl~h expert in preparing or drafting
hislher report;
b, Any and all statements of accounts, particularly account statements pertaining to
brokerage accounts held by Defendant or Plaintiff individually or by both pauies
as husband and wi fe;
c. Any and all tax returns and wage or earnings records of both parties;
d. Any and all records pertaining to any existing child support obligations of
Defendant for children not of the subject marriage;
e, Any and all records pertaining to any existing spousal support or alimony
obligations of Defendant for fonner spouses;
f, Any and all records all statements or documents pertaining to the retirement
accounts and tax deferred savings plan of each party with their employer IBM;
and
g, Any and all documents necessary, such as deposition transcripts, affidavil.s, and
Page 3 of 7
official documents of any applicable government agency to confinn, contrast,
rebut, or dispute any allegation made or defense rnised by Plaintiff or Defendant
during the course of the hearing.
S. GROSS INCQME&F DEFENDANT
Defendant attaches hereto a recent wage and deductions statement. Such statement is
marked as I-I and 1-2.
6. EXPE~S OF DEt~DANT
Defendant attllches hereto a recently prepared statement of current expenses. Such
statement is marked as E- I, E-Z, and E.3.
7. PENSION OR RETIREMENT BE..NEF.Ill
Defendant has listed on page A- I those benefits acquired by both parties through their
employer IBM which do or may qualify as pension or retirement benefits. Defendant has also
attempted to set forth that proportion of each which does or may be considered a marital asset.
The proportion idemified is a good faith estimate calculated by Defendant for purposes of this
pre-trial statement only and should not be deemed an admission by him. That part of the value of
the benefit which accrued from the date of man'iage (November 4,1989), which is the subject of
these proceedings, to the date of separation (April 27, 1998), and as further valued by an actuary
or other qualified expert shall be the marital portion of such asset(s).
Defendant and Plaintiff were previously married, with the current marriage being the
second between them, and Defendant would assert that any part of any pension or retirement
benefit earned before the date of the current subject marriage, November 4, 1989, are not marital
assets and not subject to equitable distribution in these proceedings.
Page 4 of 7
Defendant will rely upon documentation provided by the Employer or its Plan's trustee or
administrator and any other documents prepared or drafted by or relied upon any expert retained
by Defendant in valuing his retirement or pension aecount(s) and the marital portion(s) thereof. if
any.
8. CLAIMS FOR COUNSEL FEES
Defendant has made no claim for counsel fees and does not anticipate making any such
claim. Further, Defendant shall vigorously oppose any claim by Plaintiff to have him pay her
attorneys fees on several grounds not required by rule to be disclosed presently in this statement.
9. DISPUTED TANGIBLE PERSONAL PROPERTY
Defendant is presently unaware of any dispute concerning the value of any particular item
of tangible personal property.
.lQ... MARITAL DEBTS
Defendant attaches hereto a recently prepared statement of current marital debts and the
correlating amount of each separate debt at the date of separation on April 27, 1998. Such
statement is marked as D-1.
11. PROPOSED RESOLUTION OF ECONOMIC ISSUES,
Defendant proposes to resolve all economic issues by dividing marital assets whereby:
a. He shall receive 65% of all intangible personal property such as stock, bonds,
equities or other brokerage accounts (to be divided between the parties in kind to
the greatest extent possible to minimize tax or other adverse consequences) since
his contributions through his higher income and aggressive investment strategies
have had a substantial impact upon the growth of such brokerage accounts during
Page 5 of 7
the marriage and also after separation;
b. He shall receive 50% of the net proceeds of any sale of the marital residence or,
alternatively. he shall remain in the residence and shall purchase Plaintirrs share
of the marital residence which share shall be 46.5% of the value of the marital
residence following the trial and assume the remaining obligation ofthe existing
first mortgage upon such property;
c. He shall receive 50% of all tangible personal property in kind or, alternatively, its
liquidated aggregate value;
d. Each party shall keep his/her own retirement or pension benefits, to include any
lax deferred savings plan, and shall waive their rights to claim against the other's;
e. Each party shall keep any motor vehicle currently in their possession and shall
assume any remaining debt obligation on such motor vehicle;
f. Each party shall waive any claim for alimony, since the marital estate has
relatively substantial assets from which each party may draw to maintain a
standard of living at least equal to, but most likely exceeding that standard
enjoyed during the marriage and for other legal grounds or reasons peltaining to
Plaintiffs marital misconduct during the marriage and following separation which
would operate to bar Plainti ff from claiming for such fees or expenses under the
circumstances.; ano
g. Each party shall bear their own counsel fees and litigation expenses, since the
marital estate has relatively substantial assets from which each party may draw to
pay such Items and for other legal grounds or reasons pertaining to Plaintiffs
Page 6 of 7
Asset
Value
Dale of Marillll
Value Portion
Lions
Amount
of Liens
Marital relldence at 314 East 32S,OOO 09/99 100% 1) Fint 1) $li7iC
Meadow Drive (esl'd) morlgage \0 (esl'd)
Mechaniclburg, PA Blue Ball
Bank
2) Second 2) S19.6K
mOrlgage to (est'd)
Blue Ball
Bank
3) Third 3) $16.3K
mortgage to (est'd)
lIFC
Husband's IBM retirement unknown 09/99 34% None N/A
Dlan benefits lest'd\
Wife's IBM rellrement plan unknown 09/99 34% None N/A
benefits (est'd)
Husband's account in the $172.164.44 12/31/98 100% None N/A
IBM w.-deferrcd savings
Dlan
Wife's ll<<ount in the mM 117,098.18 12/31/98 100% None N/A
Iall-deferred UVin2S Dlan
Joinl Account at Financial 332.S7 09128/99 100% None N/A
~! Company 568,602 03/28/99 100% Margin N/A
Jolm investment account with
Salomon Smith Barney
(Acct' 631-17830-10-555)
Jolntlnvesunent aCCoilM with 8S 1.888.26 07101/99 100% Margin N/A
PNClHilIiard LYOllS
(ACCl #I 13372763) --
Single Invesunent aecount S9,489.61 08/26/99 Margin Note #1
~p\on Smith Bam~_ --
loint account In IBM 35,923 01/98 100% None N/A
employees stocle pmchase (cst'd)
plan (Plaintiff as primary
owner)
Single Accounl at 2.178.93 09/99 None N/A
Americhoice Pederal Credit
Union
-
Joint Variable Rate CD 841.58 09/30/99 None N/A
accouDt at Financial Trust
(John M. Brolle . loint owner)
Joinl Account at Americhoice 126.27 09/28/99 100% None N/A
Federal Credit Union
Joint coin collection List 08/26/99 100% None N/A
Provided
Sports memorabilia List 08/26/99 100% None N/A
A - I
Asset
Value
Date of Marital
Value Portion
Lien,
Amounl
of J..IeR$
provided -- ~iOO%
Household fumishi~8s $30.000.00 09/99 None N/A
Including silver setvice, fme (esl'd)
china (Nlln husband's
i DOsscsaion)
Household furnishings $30.000.00 09199 100% None N/A
including GertlWl Hununels, (est'd)
David Winter Collectibles,
Lennox (all in wife's
I DOssession)
1988 Toyota Corolla 1,000 07198 100% None Note #2
1998 Tovota CaunelV 17.000 03/99 100% None nOW Nolell3
1987 Mercedes 420 Sedan -
6.~00 08199 100% None N/A
1997 Ford Escort 8 ~OO 01/99 100%_ ~1I.e now Note 1t4
-
Single account in IBM $15,820.00 09/99 None
employees stock purchasc (140 sbares)
plan (Husband's account pl>>l
seoaration) -
Joint account In IBM 113 00/99 100% None Note #5
employees slock purchase (.96 sbares)
plan (Defcndant as primary
owne~)
-
Note 1/1 Single account at Salomon Smidl Ba11ley was opened posl separation. Infonnation
was provided on 08/26199 through answers to interrogatories.
Note #2 Wife sold lhe 1988 Toyola Corolla defendanl does not know what happened to
the proceeds.
Note 1/3 The 1998 Toyota Camery was sold in March 1999. The loan debl was retired and
the net proceedS were divided equally.
Note N4 The 1997 Ford Escort was sold and the loan debt retired with the proceedS.
Note liS All whole shares were transferred into jolnl slock accounts at PNClHilliard
L.yons and Salomon Smllh Bamey Wilh Planliff s concurrence and knowledge.
The lotal number of shares transferred lolaled 1.025.
A - z.
I
"'''' TOTFII.. Pl'G:. 03 "'*
~ npar14020RHQVM14.vnet.lbm,oom on 08127199 06:02:~9 AM
To: Bruoe Brollo/MeohenlosburgllBMOIBMUS
00:
SubJeot: (A) Pereonel Dete- TO BE OPENED BY ADDRESSEE ONL V
Froml IBM NationNl Payroll Servioes
Subjeot: (A) Parsollal Dllta-TO BE OPENED BY ADDRESSEr. ONI,y
..............................................................................
00 NOT RESPOND '1'0 'l'HE SF~RVICE MACHINE 1'UNl' GENERA1'ED '1'HIS NO'l'E
..............................................................................
Statement ot Earnings and Deductions
IBM CORPORM'ION
For payroll inquiriee 0011 1.-800-456-3200 or
website http://w3chq.disbursements.ibm.com
PAYROLL FmlDS WILL BE POSTED TO EMPLOYEES' ACCOUNTs BY THEIR
FINANCIAL INSTITUTION ON OEDIONATED PAYDAYS,
BROLLE,BW
311461 212-50-7284 Period Ending, 08/31/99
N&T PAY transmitted via EFTS: ;;=====;::1::>===::1===:,:::::::.:;=========>
CURRENT OROSS PAYMENTS
SALARY 08/31/99
---------~-------------------------------------_.--_..--~-----------------------
$1,780.52
$3.570.85
TOTAL CURRENT GROSS PAYMENTS ==========~=::>::>==================>
-----------------------------------------------------------------------------.
$3,570.85
CURRENT AOOITIONAL TAXABLE INCOME
aLl IMPUTE 08/31/99 $15.98
TOTAL CURRENT ADDITIONAJ~ T^X~DLE INCOME =======~=============>
$15.98
YTO TOTALS I Gross Earnings ::::
------------------------------------------------------------------------------
$68.171.65
w- 2 Gross =
$60.180.28
-----------------------------------------------------------------------------.
TAXES Exemp t Alloo Add!} Prior Current YTO
-------
FICA-MEO $.00 $50.42 $962.97
FICA-OASOI $.00 $215.56 $4 , 117 . 52
FED INC TX ~I 05 $.00 $395.51 $9,522.15
PA STATE S 00 $.00 $98.0. $1,864.39
IIAMPDEN S 00 $.00 $35.87 $681.70
MECIIN SO 0 S 00 $.00 $.00 $5.00
MECIIIINIC 0 S 00 $.00 $.00 $5.00
PA UNEMPL S 00 $.00 $.00 $,00
TOTAL TAXES ==~=Q===~=======~======>
============ ====~=~===== ============
$.00
$795.38
$17,158.73
OF-OUC'rIONS
-------------------------------~-------~- .------------------------------------
Prior
Current
I - (
B('\A.CL ~o \ \e...
.'
1/
EIPENSE STA~EH"Nt
WORKSHI!:I$~
Pleas!!! complete th:ls document as best you Can uSing the monthly
eXpense column. The columns headed 'week" and 'year' sl10uld only be Used
to calcUlate the average monthly expenSes, Please list the aVet'age
monthly expense tOr each item.
-
EXPENSE WEEK MONTH YEAR
-
BmSI _n" .
-" "
--
Mortgage/Rent $ $', IRJ)fI..: /!l... $
. ,
Maintenance $ $ , 77..' 7 $
Util.1ties $ $ $
Eleotric $ $' 11f2. . cr';) $
0.. $ $ $
--
Oil ,$ $ $
.. ..... .1/.5.00
Telephone .,,: "$, ~, $' $
'.
Trash $ "l. $ 9'. ~2. $
Water $ $ 21.00 $
Sewer $ $, .~3 .:3L $
Other $ $ $
2MPr,OYMIP.tQ:
-
Public , $ $ $
Transportation
- 8;;; .00
Lunch $ $. $
TAXEi
Real Estate $ $ (j.. 74/.35" $
Personal $ $ S"B. '7 $
Property
(SCHOOL)
-
Income $ $ $
Personal Tax' $ $ 2.5. (,7 $
YNRtJV.H1"1(
- _.~-
E. - I
'1';'
- -
EXPBNSE WEn MOlffH YIilAR.
-
J/om~owners $ $ 5/1.'7 $
AutomobUe $ $ , B3 $
- 7.')-__ -'-
J"ife $ S $
'-.. -
Aoc:ldent $ S $
--~.-
Health r ,.v.s. $ $ 1'10.00 $ UJI.A./(T OI'C~
Other $ $ , ~ II d.r:.d.u..cJ. '"
-- ~
AtJTOMnll!LIi j).A ~,-e.eN, .
Paymell~8 $ $ .$ .
_.
Fuel $ S ~oo S
-
Repa:lr./Maintena $ $ 5'0.00 .$
noe
,-
IanrCAr.
Dootor $ $" 10_ 00 $I'fl/'ICT~
,I',
Dentisr; ,,'~. ',~;, $ ',I It) ",-00 .$ (lJ,..#7"'O~t[D
Orthodont:l6t . $ 'l,:', $ $
,',
"
Hosp:ltal $ $ 10.00 $(1_ ,LPr" ,
- -
Medicine $ $ IQ!-OO S/,,, ,--O~
Speoial needs .$ $ .$
(glalilaeS,
brace. ,
orthopedic ,
devicea)
JIlDtrC!ATIO,,!
-
Private School $ $ $
Parochial Sohool $ $ $
_.
College $ $ /3':1,.~ 00, s c..oucrOfIJJ€tEJJ
Religious $ $. $
PltRSOlur. $,
~ -
Clothing $ $ 'ItJ~. Of'> $
Food $ $ /:<"0.00 $
..
E-2
'6 ~ Y..C,(,. ~ (""0 \ \e....
.
~(u..~ '0 (' 0 \ \e...
--
BXPBNSB WEEK MONTH YEAR
.- ---
Barber/llairdrflslI $ $ . $
er 3.0.00
---
Credit Payment., $ $ lOt). CX) $ flosr.c;~I'b,f,"'1
eMX'ge Card
Charge Accounts
- -
Member.hip. $ $ $
~
~"'''ll
---
. . Credit Union $ $ $ ':-J~ , . . .
-- -
IttAC2LT.aVW'nus
Houeehold He'lp $ $ $
-
Child Care $ $ / :21. JI' $
ParerS/BOCke/Mag $ $ !(). 00 $
as nes
.-
Entertainment $ $ S(O.OO $
-
Pay TV (I $, . .1I6.0c> $
,. ''r\\ -
Vacation $ $ .., $
Gift. S $ $
-
Legal Fees $ $ 20d>.00 $
Charitable $ $ 10.00 $
Contributions
Other. Child $ $ Z1-3.33 $ C6f.{.fl.T (')/Il'Pt:Ub
suppaX't ,
.. 91./-.12.
Alimony Payments $ $ $ ~l.(Rr MCt;~
- --
O'l'.n:I!I:R P()o.1('O~\ ~\"
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$ $ $
TOTAL UPENSIS $ I
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PATRICIA ANN BROLLE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 98-2460 CIVIL TERM
BRUCE W. BROLLE, )
Defendant ) IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Bruce W. Brolle
c/o Theresa Barrett Male, Esquire
115 Pine Street
Harrisburg, PA 17101
You are hereby requested, in accordance with Pa. R.C.P. 4009, to make
available to the undersigned, for Inspection, examination, and copying, the
following documents, articles, and things:
1. Please provide copies of any and all written agreements you
have with your present wife or any prior wife of yours. This request
specifically Includes, but Is not limited to, any agreement which
Obligates YOll to pay child support to contribute to the college
education or formal education costs of any of your children.
2. Please provide copies of any Court Orders entered In any case
In which you are a party, which require you to pay child support,
spousal support, alimony, alimony pendente lite, or their reasonable
legal equivalent, or to contribute In any way to the cost of the formal
education, Including college, of any of your children.
3. Please provide copies of any reports, correspondence, or notes
of conversations which describe any Investigations undertaken for you
by any person Into the conduct or alleged conduct of your wife, Patricia
E~hlblt .
E)^J! t ^.L
Sj\MOIO, 1.. ANum,
A'."I'OIlNlty A1' I,AW
"1df\ NOItTU TWln,I""1I H'1'IIIO.;l'
11,0, IIOX Hili
hG~H,lYNI~II'J(NNHYJ.V^NI^ l70i&1I
t'MUt111ONfC
(11" rcll'rt(lQI
"AX
"17)'tftl'14Uft
29 September 1998
Theresa ~arrett Male, Esquire
11 5 PI ne Street
Harrisburg, PA 17101
RE: Brolle
Dear Theresa:
Enclosed Is some discovery of my own In the Brolle case.
At the DRO conference, you were going to provide copies of the Court
Orders which obligate your client to pay child support and college expenses.
Please be certain that you Include those documents with your answer to my
Request for Production.
Sincerely,
Samuel LAndes
amr
Enclosures
cc: Patricia Ann Brolle (w/enclosures)
Exhibit
13
",
PATRICIA ANN BROLLE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) CIVIL ACTION. LAW
BRUCE W. BROLLE, )
Defendant ) NO. 98.2460 CIVIL
) TERM
IN DIVORCE
MO-I1QN FOR CONFERENCE
AND NOW comes the above-named Plaintiff, Samuel L. Andes, and moves for a
conference before the Domestic Relations Office on her claim for Alimony Pendente Lite in
this matter.
_~ /~~ \CJcr!?
Date
~iLQ,
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 12th Street
Lemoyne, Pa 17043 '. ',)
(717) 761.5361 ;':
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PATRICIA ANN BROLLE, ) IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND COUNTY,
I PENNSYLVANIA
I
VB. I CIVIL ACTION - LAW
) .
I NO. 98- CIVIL TERM
BRUCE W. BROLLE, )
Defendant ) IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as tho Defendant In a Complaint In a divorce proceeding flied In
the Court of Common Pleas of Cumberland County. This notice is to advise you that In
accordance with Section 3302(dl of the Divorce Code, you mav request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request cOl-\nseling.
7.
. .
PA TRICIA ANN BROLLE, ) IN THE COURT OF COMMON
Plaint I If ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYL VANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 98- CIVIL TERM
BRUCE W. BROLLE, )
Defendant ) IN DIVORCE
COMPLAINT IN Dlv.o.RCE
AND NOW comes the above-named Plaintiff, PATRICIA ANN BROLLE, by her
attorney, Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is PATRICIA ANN BROLLE, an adult Individual who currently resides
at 460 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is BRUCE W. BROLLE, an adult individual wl\o currently resides at
314 East Meadow Drive, Meohanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on 4 November 1989 in Mechanicsburg,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
COUNTj
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
J
co.uNT II . EaUIT ABLE D1SI.BlS.uIIQ}\J
9. During the course of the marriage, the parties have acquired numerous Items of
property, both real and personal, which are held In joint names and In the Individual names of I
each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to aqultably divide the property, both real arid personal, owned by the parties
hereto as marital property.
.c.oUNT IIL:...Al.JMQNY
10. Plaintiff lacks sufficient property to provide for her reasonable needs In
accordance with the standard of living of the parties established during the marriage.
11. Plaintiff is unable to support herself in accordance with the standard of living 01
the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income Irom which he Is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony In
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff
from Dafendant permanent alimony in such sums as are reasonable and adequate to support
and maintain Plaintiff in the station ollile to which she has become accustomed during the
marriage.
COUNT IV :AUMONY...eEN.l2ENTE L1n;
13. Plaintiff is without sulficient income to support and maintain herself during the
pendency of this action.
14. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
4
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
PA'l'RICIA A. BROLLB . ) Docket Number 98-2460 CV
Plaintiff )
VS, ) PACSES Case Number 642100140
BRUCE N, BROLLB )
Defendant ) Other State ID Number
NOTICE 01<' RIGHT TO REQUEST A HEARING
The partie! are hereby advised that they have until August 3, 1998 to request a
hearing de novo before the Court. File requests in person at:
PROTHONOTARY'S OFFICE
ONE COURTHOUSE SQUARE
CARLISLE, PA 170t3
or mall to:
PROTHONOTARY'S OFFICE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
Servke TyIW M
Purm .OE.S22
Wurker 10 21205
BRUCIl W. BROLLE
rACS!JS Mentl"" Numher: 5802100051
4. If there are in your employment one or more additional employees whose incomes are
subject to the Order of the COllrt of Common Pleas of
CUMBERLAND
County
for attachment of support. you may combine the attachment payments into a single
payment to the Domestic Relations Section and separately identify the portion attributable
to Ilach obligor,
S, You must notify the Domestic Rclations Section whcn the defendant obligor tenninates
employment and provide the Section with the employee's last known address and the name
and address of the new employer. if known.
6. The maximum amount of the attachment shall not exceed 50 % of the employee's
ntt income which is within the limits set in the Consumer Credit Protection Act, IS
V.S,C. ~1673.
7. The tenn "income" as defined by law includes compensation for services. including, but
not limited to. wagcs. salaries, fces. compensation in kind. commissions and similar
items; income derived from business; gains derived from dealings in property; interest;
rents; royalties, dividends. annuities; income from life insurance and endowment
contracts; all forms of retirement; pensions; income from discharge of indebtedness;
distributive share of pal1nership gross income; income in respect of a decedent; income
from an interest in an estate or trust; military retirement benefits; railroad employment
retirement benefits, social security benefits; temporary and pennanent disability benefits;
worker's compensation and unemployment compensation.
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PATRICIA ANN BROLLE,
Plaintiff
Defendant
)
.1
)
)
I
)
)
1
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTlOt>J - LAW
BRUCE W. BROLLE,
NO. 98-2460 CIVIL TERM
IN DIVORCE
PLAINTlFFl..PRE.TRIAt mTEMENr
Plaintiff, Patricia Ann Brolle, by her attorney, Samuel L. Andes, files this Pre-Trial
Statement In accordance with Pa. R.C.P. 1920.33 (b):
1. ASSETS. Attached hereto and marked as Exhibits A and B are lists of the marital
property and non marital property of the parties as known to Plaintiff.
2. EXPER.,T WITNESSES. Plaintiff anticipates It may be necessary to call the
following expert witnesses at trial:
A.I A real estate appraiser to determine the value of the marital
residence.
B.) A personal property appraiser to establish the value of the
household furnishings, china, sliver, and the like.
C.) An actuary or other financial expert to establish the value of the
marital portion of each party's retirement assets.
Plaintiff hopes the parties wI/I be able to agree upon the value of many of these assets
so that such expert testimony will not be necessory, but reserves the right to call such
experts If the parties cannot so agree and to call any additional experts as may be
necessary to respond to Defendant's evidence.
3, FACT WITNESS~S. At this point, the only fact witness Plaintiff anticipates calling
at the hearing Is herself.
4. EXHIBIT}.. The exhibits Plaintiff anticipates Introducing Into the record ore:
A.) Caples of the portles tax returns and recent paycheck records to
establish the Incomes of the parties.
B,) Copies of account statements and slmllor documents to establish
the value of the marital portion of each of the parties' marital assets which
are Idenllfled on Exhibit A.
C.) Documents relating to the Defendant's pre-marital obligations to
his children by other women,
Plaintiff reserves the right to offer Into evidence such addlllonal exhibits as may be
necessary to respond to Defendant's case.
5. INCOME $.T~TEMENT. Attached hereto and marked as Exhibit C Is a copy of
Plaintiff's Income and Expense Statement as of May 1999,
6. EXPENSE STATEMENT. Attached hereto and marked as Exhibit C Is 0 copy of
Plaintiff's Income and Expense Statement as of May 1999,
7. ~ENSION INFORMATION. Both parties ore employed by IBM and hove vested
pension rights which are partly morltal property, The pension plan Is In the process of
being changed by IBM from 0 defined benefit plan to a defined contribution, cash fund,
plan. Sufficient Information to value the pensions will not be ovallable until IBM makes
final provisions for the conversions of these pension benefits and until we know whether
the Defendant will be required to convert his pension Into the new plan or whether he
will be permitted to continue In the old plan, When that Information is known, an
actuary will be able to value the pension benefits,
8, COUNSEL FEES. Plaintiff has made a claim for counsel fees. T:1e litigation has
become complicated and her attorneys fees are expected to be substantial If this
matter goes to a hearing, The extent of the counsel fees is not known at this time but she
has agreed to pay her counsel $1 75.00 per hour. Full Information about her fees will be
submitted at the hearing,
llllitIJ.I A:. MAIlJIAl. PRQnRTY
--
QAlC Qf MA8.lIAl. AMOUNT Qf
AmI ~ .\'AU!E f2RllQt.l J.W'ol1 LIDi
Marital residence at 314 E, $350,000,00 5/99 100% 1) First I) 175,000,00
Meadow Dr, (esl'd! rr10rlgage to (esl'd);
Mechanlcsburg Blue Ball Bank;
2) Second 2) $16,000,00
mortgage (est'd)
owed to Blue
Ball Bank
-
Husband's IBM retirement Unknown 5/99 34% None N/A
plan benefits -- - (est'd)
Wife's IBM retirement plan Unknown 5/99 34% None N/A
benefits (est'd)
Husband's account In the $ 172,164.44 12/31/9B 100% None N/A
tBM tax-deferred savings
plan
1-'- -
Wife's account In the IBM $1 17,09B, 16 12/31/96 100% None N/A
tax-deferred savings plan
Joint account 1r1IBM $50,526.00 12/31/97 100% None N/A
employees stock purchase (570.53 shares)
plan (Defendant as primary
owner)
-
Joint account In IBM $35,923.00 1/98 100% None N/A
employees slock purchase
plan (Plaintiff as primary
owner)
-
Joint Investment account $568,60V9 3/28/99 100% None N/A
with Salomon Smith Barney
(Acet. No. 631-17630-10-5551
Jolnl investment account $630.454,21 100% None ~I/A
with Prudential Securities
(Acet. No, OKZ-197367-61)
(SEE NOTE # 1, --
Joint Investment account $583,859,37 2/26/99 100% None N/A
with PNC BrOkerage (Acct,
No. 22465794)
Joint account at financial Unknown 7/98 100% None N/A
Trust Company
Husband's account with Unknown 7/98 100% Unknown Unknown
AmerlCholce Federal Credit
Union
Miscellaneous stock anel Unknown 5/99 100% Unknown Unknown
mutual fund Investments
(SEE NOTE #21
Husband's coin collection Unknown 7/98 100% Unknown Unknown
Husband's collection 0' Unknown 7/98 100% Unknown Unknown
sports memorabilia
Household furnishings $40,000,00 7/98 100% None N/A
Including silver service, fine (est'ell
crystal, and fine china fall in
Husband's possession)
Wife's 1988 Toyota Corolla $1,000,00 7/98 100% None N/A
Wife's 1998 Toyota Camry $8,600,00 7/98 100% None now See Note 3
Husband's 1989 Mercedes $20,000,00 7/98 100% None N/A
Benz 420 sedan
1997 Ford Escort Unknown 1/99 100% None now See Note 4
NOTE # 1
This account appears to have been closed by Husband in early 1999 and it
appears that the funds In this account were, for the most part, transferred into the
Solomon Smith Barney account. Details of that transaction are needed prior to
the hearing,
NOTE #2
Wife believes Husband held at the time of separation various stock, bonds, mutual
funds, and other assets which have not, as yet, been disclosed through formal
discovery, More information regarding those Items will be provided at the hearing.
NOTE #3
The 1998 Toyota Camry was sold in March of 1999 and the parties divided equally
the net proceeds of $8,600.00,
NOTE # 4
Husband sold the 1997 Ford Escort in January of 1999, Plaintiff does not know what
the proceeds were or what disposition he made of them.
EXPENSE STATEME~
WORKSHEET
PleRse complete this document as best you Cdn using the monthly
expense column, The columns headed "week" and "yoar" 8hould only be us(~d
to calculate the average monthly expenses, Ploase list the average
monthly expense for each it8m,
~---
EXPENSE WEEK MONTH YEAR
1iQMEl
Mortgage/Rent $ $700.00 <,
y
Maintenance $ $ $
Utilities $ $25,00 $
Electric $ $200.00 $
Gas $ $ $
Oil $ $ $
Te.lephone $ $50,00 $
Trash S $ $
,
Water $ ,$12,00 $
Sewer $ $33,00 $
Other $ $ $
EMPLOYMENT
Public $ $ $
'rransportat ion
--
Lunch $ $50,00 $
TAXES
Real Estate $ $ $
Personal $ $30,00 $
Property
(SCHOOL)
Income $ $ $
Personal Tax $ $ $
lHa.1lRAHCI
EXPENSE WEEK MONTH YEAR
Homeowners $ ,. ,.
./ "
Au tomobile $ $ $
Life $ $ $
Accident $ ,. $
./
Health $ $28.00 $
Other ,. $ $
./
Atll'OMOBILE
PaymentEo $ $ $
Fuel $ $60.00 $
Repairs/Maintena $ $20.00 $
nce
MEDICAL.
Doctor $ $10.00 $
Dentist $ $20.00 $
Ort.hodontist $ $ $
Hospital $ $ $
Medicine $ $40.00 $
Special needs $ $ $
(glasses,
braces,
orthopedic
devices)
EDUCATION
Private school $ $ $
Parochial School S $ $
,
College $ $ $
Religious $ $15.00 $
f.li:RSONAT. $150.00
Clot.hing $ $75.00 $
Food $ $150.00 $
,
,
-
EXPENSE WEEK MONTH YEAR
Barber/Hairdress $ $50,00 $
er
Credit Payments: $ $500,00 $
Charge Card
Charge Accounts
Memberships $ $ $
1-- ,
LOANS
Credit Union $ $ $
--
MISCELLANEOUS
Household Help $ $ $
ChIld Care $ $80,00 $
-
Papers/Books/Mag $ $25,00 $
azines
-
Entertainment $ $50,00 $
-
Pay TV $ $15,00 $
-
Vacation S $60,00 $
,
-
Gifts $ $ $
-
Legal Fees $ $250,00 $
Chad table $ $100,00 $
Contributions
---
Other: Child $ $ $
support
Alimony Payment8 $ $ $
Q1'HD
$ $25.00 $
$ $ $
- -
TOTAL EXPENSES $2,823.00
I ~. -
SAMUEL L. ANDES
AT'rOHNEY AT 1.AW
rum NOtl1'U 'I'WEI,I'1'lI !iTtfY,H'f
p,o, UOX IOU
L:RMOYNJr., 11J~NNSYl.vANIA 17040
10 May 2000
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pa 17013
RE: p"trlel" Brolle vs. Bruce Brolle
No.
i"lI.IUiUQNl';
(117)101'1\001'
""K.
f717) 10"1<\01"1
Dear Mr. Elicker:
The above matter is scheduled for a hearing before you on 25 May 2000. I write
because serious problems have arisen that make the conclusion of the hearing on that
day unlikely, If not down right impossible.
At the pre-trial conference In your office on 6 December 1999, you laid out for
counsel a procedure you expected us to follow to either agree upon the value of various
marital assets or have them appraised. Those assetc; Including the marital residence,
pensions held by each of the parties, the household goods, ana two valuable collections
held by Mr. Brolle. Counsel were to agree upon values or obtain appraisals by January
of 2000. We were then to meet and prepare a mutual spread sheet of the marital
assetc; and debts and submit that to you by the end of February. The spreadsheet is
very important In this case because a substantial portion of the marital property consists
of investment accounts which Mr. Brolle has managed since separation and whlch have
changed significantly In value and in composition.
Unfortunately, counsel have not done either of the things you directed us to do,
In part because our clients met and negotiated privately In an effort to reach an
agreement. Although the parties made some headway, they have not, at lea~t as yet,
been able to concluCle a final agreement. As a result, Michael Wilson, Esquire, and I
have not done the work necessary to prepare this case the way you directed us to.
I also believe that one day will not be adequate time for us to present the case to
you properly, particularly if we cannot agree upon the value of the marital assets, but
must call any of the appraisers to testify. All of this is made stili more complicated by
the fact that I will be out of my office on vacation for a week and a half between now
and the date set for the hearing.
Accordingly, I write to propose the follOWing:
1. The parties and counsel meet with you on 25 May 2000 to
negotiate the terms of the settlement which the parties have privately
discussed up to now, If we are not able to resolve the case at that time,
we will ask you to conduct a pre-hearing conference with counsel to set a
1989, and separated April 2'1/ 199B. They are the natural
parents of Michael Aaron Brolle born ,June 26, 1991.
After considerable negotiations prior to
today and this morning, the Master has been advised that
the parties have reached a settlement with respect to the
outstanding economic issues, An agreement is going to be
placed on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
changes or modifications except for correction of
typographical errors which may be made during the
transcription.
Specifically that means that when the
parties leave the hearing room today they are bound by the
terms of the agreement whether or not they subsequently
sign the document affirming the terms of settlement as
stated on the record.
A draft of the agreement will be sent to
dounsel to review for typographical orrors. The
typographical errors will be corrected, and the agreement
will then be given to the parties to sign affirming the
terms of settlement. After the Master has received the
agreement from counsel he will prepare an order vacating
his appointment, at which time counsel can file a praecipe
transtnitting the record to the Court requesting a final
2
decree in di vOl'ce. Mr, Andes.
MR. /\NOES I 'rhe part ies have agreed as
follows I
1. l:!l..!J...\L.Qustody. Husband and wife
acknowledge they are parties to an action before this Court
filed to number 98-2416 Civil Term in which an order has
been entered making provision for the legal and physical
custody of their minor son, Michael Aaron Brolle. The
parties shall continue to cooperate with each other to
comply with that order as it may be amended and modified in
the f\lture,
2. Child .iLupport. This agreement makes no
provision for the support of the parties' son during his
minority except as expressly set forth herein. Each of
the parties reserves unto themselves all of their rights,
claims, and defenses regarding the financial contribution
of either of them to the support of their child, except for
t,he provisions set forth In paragraph 3 hereof.
3, Colleqe Expenses. Husband agrees to
pay for tuition, room and board, including off campus room
and board, books, and other required curriculum related
r~ fees or subscriptions (hereinafter "Expenses") for a four
/1fVJb ye~r po~t - secondary, education, of ~ichael at a college,
~ unlverslty or vocatlonal lnstltutlon.
The obligation of husband to pay such
expenses shall begin in the year of this agreement and
cease after 4 1/2 years from the date of Michael's initIal
enrollment at any such institution or when Michael attains
the age of 25, whichever shall first occur.
Husband agrees to begin currently paying
Q into an account or accounts established for the benefit of
~)(\Jf,>~ichael (hereinafter "Account") an annual amount equal to
,~ ~o less than $4,000.00/ the sole purpose of which shall be
I~ to apply to the Expenses of the post-secondary education of
Michael at a college, university or vocational institution.
Account statements shall be furnished to wife by husband
evidencing his complIance with the payment obligations
agreed upon herein.
In the event any amount remains in the
~ccount, following the cessation o.f husband's obligatIon in
,. this paragraph, or following the graduation of Michael from
{!JPJb an institution, such remaIning amount shall be disbursed to
3
Michael as follows:
One-half of such amount at the timB of
graduation or completion of the 4 1/2 year period stated
above, followed by the disbursement of the remaining
balance 5 years thereafter.
Notwithstanding anything otherwise written
herein, in the event Michael does not enroll in or obtain a
degree from any college, university, or vocational
institution prior to his attainment of age 25/ any amount
in any account or accounts established by husband to
fulfill his obligation hereunder shall be used for the
benefit of Michael and shall be disbursed as follows:
One-half of such amount at the time Michael
attains the age of 25/ and the remaining amount at the time
Michael attains the age of 30. Husband shall be permitted
to place any payment of the principal amounts or investment
earnings or income from such principal into an inter vivos
or testamentary trust or trusts for Michael's benefit
provided the terms of such trust comply with the terms of
this agreement.
By a written amendment to this provision
signed by both parties, any amount of principal or
investment income from such principal may be used and
applied for the benefit of Michael to pay for a significant
event affecting Michael such as his purchase of a home for
his residence, his wedding, or extraordinary medical
expenses.
In the event that wife shall hereafter seek
and obtain an order obligating husband to pay child support
to her for the benefit of Michael in an amount of $2,000.00
or more per year, the obligation of husband to contribute
to the Account as provided for herein shall be reduced by
one-half.
Notwithstanding the aforementioned
conditions pertaining to current payment obligations for
Expenses or the partial relief therefrom, husband shall
~ ~emain liable for the full payment and satisfaction of all
Q('f'y'j ~xpenses at such time Michael enrolls and begins to attend
pb any institution permitted herein, applying thereto all
? available amounts in the Account, and all available grants,
scholarships, fellowships, and similar financial non-debt
aid or assistance from whatever source reasonably available
to Michael.
4
Husband and wife agree to fully cooperate
with each other and work together in soeking all such aid
or assistance for the benefit of Michael's post-secondary
education at the time he purSUBD enrollnmnt in any such
insti tut ion and theroa fto!: wlli 1 e he remains enrolled.
4. il~i;L!J;lLll1fJUriilnce fQJ' Son. Each of the
parties shall provide health insurance for the child as
that is available through their employer. Husband shall
be responsible to pay 60 percent, and wife shall be
responsible to pay 40 percent, of all unreimbursed medical
expenses, including medical, dental, psychological,
orthodontic, and other health care expenses not covered by
the insurance provided by both parties.
5, J.D&:ome Tax EX.!ti!U2tiQILlQr...l&n. Husband
shall be entitled to claim the son's personal exemption
for income tax purposes in even numbered years, and wife
shall be entitled to claim such exemption in odd numbered
years. The parties will make, execute, acknOWledge, and
deliver any and all documents necessary to implement this
arrangement, inClUding the forms necessary to confirm to
any taxing authority each party's right to such exemptions.
6. Life Insurance. Husband and wife shall
obtain insurance on their respective lives, which shall pay
a death benefit of at least $100,000,00, and name the
parties' child as the sole and exclusive beneficiary of
such insurance, provided such coverage is reasonably
available at reasonable rates or through their employment.
Further, they shall pay all premiums and
take all actions necessary to maintain such insurance
without reduction in the death benefit and continuing the
child as the sole and exclusive beneficiary until the child
attains the age of 25 years. Further, they shall provide
proof to each other, at least annually, of the continuation
of such insurance in compliance with this paragraph.
7. Marital Residence. The parties are the
owners of a property at 314 East Meadow Drive in
Mechanicsburg, Pennsylvania. With regard to that
property, the parties agree as follows:
a. Within 20 days of this date they shall
select by mutual agreement an independent and impartial
appraiser to appraise the property and determine its fair
market value,
b. Upon receipt of the appraisal, husband
5
shall have the right to purchase wife's interest in the
property by paying to her one-halE Of the difference
between the value of the property as established by the
appraisal performed in accordance wi th subparagraph a
hereof, and the then..existing balance on the mortgage which
encumbers the property.
Husband shall have 20 days from the date the
parties receive the appraisal to notify wife of h~s
election to purchase her interest in the property, and
shill have 60 days thereafter to complete the purchase by
refinanc.ing t.he existing mortgage on the property to obtain
wife's unconditional release from that obligation, and by
tendering payment of the sum due to wife, calculated in
accordance with this subparagraph, at which time wife will
deliver a properly drallln and executed deed.
If. husband purchases the property from wife
pursuant t.o this subparagraph, such purchase will vest
title to the property .in husband alone free of any further
claim by wife.
c. If husband does not elect to purchase
wife's interest in the property ~n accordance with
Subparagraph b hereof, the parties shall, within 30 days of
the date of their receipt of the appraisal, performed in
accordance with Subparagraph a hereof, list the property
for sale with a mutually acceptable realtor, and cooperate
with such realtor to arrange the most efficient and
effective sale of the property for its reasonable fair
market value as promptly as possible. Upon the sale of
the propert.y, the net proceeds of the sale shall be
appl~ed, distributed, and paid as follows:
1. First, to the costs of sale, including a
reasonable real estate sales commission;
2. Then to pay the balance owed on the
mortgage or any other lien or encumbrance against the
property (except the existing home equity loan) which must
be paid to convey clear title to the purchaser;
3. The remaining net proceeds shall be
divided equally between the parties, Both part~es shall
cooperate with each other, the appraiser, the realtor, and
their attorneys to promptly implement the terms and
provisions of this paragraph for the d~sposition of the
residence.
Husband shall pay the balance owed on the
6
home equity loan whIch currently oncumborn the property,
and husband shall make all iuntal lment paymelltB on the
mortgage and honm equIty loan ,lfj Ion') -'If) he occupies the
resIdence pr'Ior to itEl salo to d L1d.rd party or its
transfer to him pursuant to this paragraph.
B. M.Q.tor, Vehicles. Ihwband shall be and
remain the owner of his 1989 Mercedes Benz automobile, and
wHe shall be and remain the owner of her 1987 Toyota
automobile, and each party waives any cli'lim to or interest
in the motor vehicle of the other. 1~e parties shall
make, execute, acknowledge, and deliver all documents
necessary to transfer or confirm title of the vehicle from
the other party.
If either vehicle is encumbered by a debt,
the party receiving that vehicle shall pay and satisfy the
debt in accordance with its terms, and shall indemnify and
save the other harmless from any loss, cost/ or expense
caused to them by their failure to do so.
9, Hilliard l.vqn Inves!;;ment Account. The
parties acknowledge that they are the joint owners of an
investment account with Hilliard Lyon, whIch has a present
value of approximately $1,200,000.00/ and into which they
have in the past transferred the assets from the PNC
brokerage account. With regard to that account, the
parties agree as follows:
a. They shall, within 10 days of today's
date, pay from the funds in that account the present
balance owed to the Internal Revenue Service and the
Pennsylvania Department of Revenue for income taxes and
interest, if any, due for the tax year 1999, which the
parties acknowledge to be in the total amount of
approximately $49,000.00.
b. The balance of the funds and assets in
the account shall be divided equally between the parties
within 10 days of the date of this agreement. The parties
will cooperate with each other and their attorneys and
other advisors and representatives to divide and distribute
the funds in the account as fairly and equitably as
possible, and in such a way as to avoid or minimize any
fees, taxes, or other expenses resulting from the
liquidation or transfer of such accounts or assets.
c. Husband acknowledges that he has been
managing this account and the other investment accounts
since the parties' separation, and that as a result he has
'I
information regarding pant transactions in the accounts
which may be necessary or helpf'ul for w:l.f.o ;In managing the
account in the future or' :In calculclt:lng capital gain or
other income taxes or caiculating and reporting or paying
tax on such assets 01:' incolJl(;,
Husband agrees that he shall make all
information reasonably available to wife to provide her
with the information she needs for those purposes, The
parties agree that they shall cooperate with each other to
implement the terms and provisions of this paragraph as
promptly as possible after today's date.
10. I<etirement .Accounts and Otl}er
Emolovment Assets and Benefits, The parties acknowledge
that both of them are employed by IBM and have been
employed by that company throughout their marriage, and
that, as a result of SLlch employment each of them has
benefits within the IBM Retirement Plan, the IBM Tax
Deferred Savings Plan, and the IBM Employees Stock Purchase
Plan, and that the parties have previously exchanged
information about the existence and value of those accounts
and assets.
Being aware of those assets and their right
to make claims against the assets held by the other, each
of the parties does hereby waive and release any claim to
the interests owned by the other in the IBM Retirement
Plan, the IBM Tax Deferred Savings Plan, and the IBM
Employees Stock Purchase Plan, and does hereby confirm the
benefits and assets within each of those accounts to be the
sole and separate property of the other.
11. Personal Propertv. The parties
mutually agree that they have effected a satisfactory
division of the furniture, household furnishings,
appliances, jewelry, sports memorabilia collections, coin
collections, and other household and tangible personal
property between them, and they mutual1y agree that each
shall from and after today's date be the sole and separate
owner of all such tangible personal property presently in
his or her possession, whether such property was previously
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 ~s
may be in the individual possessions of each of the parities
hereto, the effective date of such assignment. or receipt to
be today' s date.
12. Attorneys Fees.
Each of the parties
B
shall be responsible to pay their own attorneys fees and
costs associated with this divorce action and any related
actions between the parties, and each of the parties waives
and releases any claim against the other for such fees and
expenses.
13. Wai vet' of. Furthet:... Claims. Each of
the parties hereto does hereby waive any further claim
against the other for alimony, spousal support, alimony
pendente lite, or equitable distribution of marital
property. Each of the parties recognizes their right to
have the Court determine those claims and hereby
voluntarily waives the right to have the Court do so.
14. Waiver of Estate Ri9hts. Except as
herein otherwise provided, each party may dispose of his or
her property in any way, and each party hereby waives and
relinquishes any and all rights he or she 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 statutory allowance, widows allowance,
right of intestacy, right to take against the will of the
other, and right to act as administrator or executor in the
other's estate.
Each will at the request of the other
execute, aknowledge, 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,
15. Rep.resentation As to No Debts. The
parties hereto mutually represent to the other that neither
of them has incurred any debts in the name of the other not
previously provided for in this agreement. Each of the
parties hereby represents to the other that neither of them
has 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 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 part.y, and both parties represent and
warrant to the other that they have not so contracted any
debts unbeknownst to the other up to the time and date of
this agreement.
16. Disclosure, Both of the parties
9
represent to the other thnt thoI' 11iIVo II\IHlo full clIacloBure
of. the ClssetfJ Ilnd IncomE' ond IncolI\fl ~IO\H'CO!J owned,
controlled, 01: on:loyod by 0,1111(<1 or tholl\, ilnci that neither
party hereto hiltl Wllllhl1l d illlY flllclllC! Lal infonnat:lon from
the ot.hol' , 1':II('h of I Ill" pal't Inti ropremmts t.hat they have
reviewed Utili IlIfCll'III<'11 Inl! wlt.ll UH,lr attorney or had the
opportunIty I" n,vl"~1 Ihlll 11Ifol'lniltlon with an attorney of
their chole/! IIlItI VIIIIIIII,t1lly dm'ldod not. to do so.
'I'h,' 1'111 I I I'll ""Gh acknowledge that they are
awarn I hilI I iI,,\1 hllv" I h" I I \lilt to compel the ot.her party to
prov,ldo IIIJI 1III<lI1<'i.tI IlIlonllaLion about all assets owned
by Edth"r 1',1111'/ IIlId ,tll Ililldli,ties owed by either party,
Clnd Ililvn I iI" I 1'1111 I" h<lvn II court force such disclosure in
the dIvol'('" ,1<'1 \"11, 11,,111'1 dware of those rights, the
partl,tlll I'XI","lIl1ly wdlvt, Iii" rIght to further disclosure or
dhwovf!IY "1<lill tll 11'1 111111 i.t..1I a8fJets, liabIlities, incomes,
and fl"llll(,'''",
\'/, li.!.),lJ.gllJ!1. The parties acknowledge that
tho pIIIT"HI" ", 1 ill H il<;Il'(]('lllent is to divide all of their
marItal 1"'01'''1:11'/ n'f.lolvu all economic claims between them,
and to)'lIIll1dU! ,1IId (,nllclude any and all claims one party may
have aged IlfIt tlt(, otltnl'. The parties acknowledge that each
of tholll IIMJ IliIll dllll'l(" opportunity to consult with an
attorney of tltu II' choice and to obtain legal representation
with n'~FH'd to thin aqt:eement, and to the claims which they
are tOl'mlnatJIILJ today,
8ach of the parties for themselves, their
hej,rfJ / fJlWOOlWOI'S / and assigns does hereby accept the terms
and provl nionn of this agreement in full satisfaction of
any cla:l mn of any nature they may have or may ever have had
agairwt: tho other party, and each of the parties does
hereby weltvo, roUn1]u:!.eh, release, and surrender forever
any dC,/ht tltey Itave ilgaillElt the other party i'lrising out of
the:!.r llIill;J ta.! n,!1 ,ltJonship or any other dealing between the
parties pr:lor to t:oday1s date provIded, however, that this
relelHlO nllill.! lIot OXOIlOl:ate either of the parties from the
obU,gat IOlln 11tHI' <<Xpl'OflHl Y make in this agreement today,
whiCJII nlwll 1IIIIVlvtJ today in t.he entry of a final decreeln
di von!o,
I fl. f:;(~YJll:.ilili..t.l'.. I f for any rei'lson
WI1il1'1I00VII) dill' pal'I' 01: this agreement shall be declared
vo.!d or IIIV/Jlld, only mlCh part shall be deemed void, and
in all 01 Iter l'OHpects this agreement shall remain valid and
I'ul.!y ol\fm'c;nah:lfc!,
MR. WILSON:
The only thing on the record
10
real. quick is back to the amendment to that one sentence
which Master Elicker stated we would have the opportunity
to review its final draft form befo~e we -- that being the
occupation of the premises being the condition.
THE COURT: We can look at the wording on
it, I mean it may come out all right in the dictation
that it's a complete sentence. Maybe it will come out
that it's not. You can just fix it. The principle is not
what's going to change. It just may be the artfulness of
the way it was stated, but in any event do you want to go
on the record with your client?
MR. ANDES: Yes. Mrs. Brolle, we've been
here for 3 hours. We've been working on this case for more
than 3 years. Would you agree that you've had ample
opportunity to review all of these financial matters with
me. prior to today and again this morning?
MRS. BROr,LE: Yes.
MR. ANDES: Are you satisfied that you are
conversant and familiar with the facts and the economics in
this case enough to enter into this agreement today?
MRS. BROLLE: Yes.
MR. ANDES: Did you hear what I dictated?
MRS. BROLLE: Yes.
MR. ANDES: And did you understand it?
MRS. BROLLE: Yes.
11
MR. WILSON: Again, for the record, it's my
client's understanding with regard to his responsibility to
continue to pay the remaining balance of the home equity
loan -- I'm sorry, My client's obligation to pay the first
mortgage on the house would be an obligatIon that would
continue while he remains in occupation of the house.
With that said then, Mr. Brolle, you've been
present during the entire reading of the agreement by Mr.
Andes, correct?
MR. BROLLE: Correct.
MR, WIl,SON: And prior to Mr. Andes reading
into the record this agreement, you and I have had several
occasions to discuss privately the terms and conditions of
the. agreement; is that correct?
MR. BROLLE: Yes.
MR. WILSON: Al'e you satisfied with my
explanation of the terms and the conditions as they've been
discussed between you and I, and as they've now been read
into the record?
MR. BROLLE: Yes.
MR. WII.,SON: Are you willing to -- are you
prepared to live with and -- live up to the t.erms and
conditions as you've heard them placed in the record by Mr.
Andes?
MR. BROLLE: Yes.
13
In the Court or Common. Pleas or CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
PATRICIA A, BROLLE ) Docket Numher U-2t'O CV
Plaintiff )
VS. ) PACSES Case Number 642100140/027.605
BRUCE W. BROLLE )
Defcndalll ) Other Stale ID Number
CONSENT ORDER
AND NOW, to wit, on this
26TH DAY OF MAY, 2000
IT IS HEREBY
ORDERED that the suppo!'t order in this case be 0 Vacated or 0 Suspended or
fiJ Terminated without prejudice.
effective
MAY 25, 2000
, due to:
PLAINTIFF'S REQUEST TO TERMINATE THE ALIMONY PENDENTE LITE,
A REMAINING BALANCE OF $159,08 IS OWED TO THE PLAINTIFF AND $26,00 IS OWED TO
THE DOMESTIC RELATIONS SECTION, THE REMAINING BALANCES ARE TO BE PAID BY THE
EFFECTIVE WAGE ATTACHMENT,
000: RJSh.1d:lay
xc: pluJntJff
defemant
Samool Arrles. Esqlll re
TIlaresa BalTett-llale. Esqlll re
JUDGE
~
July 18. 2roJ
Date
Form OE-503
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