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Home My WebLink About01-0560 FX ~. . J ,c;'rl'" ." _J ~i'~;_~"_ -,,~ - [.;-, ",-,'-.; ;,'-;-" -'^,,, -.-< p- --~t- :::~::.~K:::!::C!;:,,::!>>::(:::!3e~,;::::!::.X::,.3!':K)::.:;('XC!~':~!::.~::::!::~~::::!.!r:~!::.:>:;::)::.::!;;::~~!:+::!t:::!::~;;:-:::~::C!;;:,:(:!:C!f-:::!:::.:};:):C(-:::!:::C!;:J*t~~:G>._*,:::.!::.::!:.n:!B~:::+::C!;;:::~+::.,.r:~~>.:a'~. i ~ ; I ~ , ~ ~ ::: IN THE COURT OF COMMON PLEAS ~ ~ ~ * "l ~.~ ~ ~.~ ~ ,', ;'..~ ~ >-~' ~ ~ I'l 't'" ~ i I f! y..:);;: )'>>::~'" ';;.>>::.",: ":(+::." ' i ~.~ I ''n'O ~ ~.~ ~ ".~ ~'S ~ ;.':.~ ~ ~.'~ ~ ~ ".~ v' . '",,- a ".~ ;..;; ~ ~.~ ~ \~ ~ ~.~ ~ ",,-' ~ ~.~ ~ I ;; ~ ~.~ I ~i ~ a ~.~ ~.s ~ , ~ ~ i ".,; ~.'~ ~ OF CUMBERLAND COUNTY STATE OF PENNA. ....TINA.L ...BRANDT..... ........00...... I II I No. .....Q1::-.560...... .............. 19 Versus ......JEmY.L.,BRAND'I'..... . DECREE IN DIVORCE AND NOW, .. A...~'-'.s.~t., 25.........., .2002., it is ordered and decreed that.. . :r~. ~...~. . .. , . .. .. .. . ... . .. .. , . .. , , , . .. " plaintiff, and. . . . . . . . . .~~ .r.., .~. . . . . . . . . . . . . . , , , . . . . . . . , . . . . , . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . .~:q . ~~~~t~ . c;~~:i,r\ll? . W~E! .1;'E!f>QJ,. v~ .by . Q .J:'roperty . Settlement, Agreemetlt, G1ated ..Apbil.16,.JOOJ.and.filed.wiEh.Ehe.eburE'on.April.26j.2002;.'..'...,..... . OK!.. " J. ul..J1:t-:uu prot/to'd"ary i ...'1. ~.; . k~ ~ t ~.t ~.~ ~ ,"-'< a ~.'i. ~.~ . N ~ ~~~ ~ ~ ; ~ " ~ ,~-"- ~.s ~ ,"'., i !!o,l! ~,) ~ ~.~ ~ a ~.l! ;~~:. ~.~~ ~ ~.~ ~ t~" ';;:" tli . n ~ ~.'i. ~ t>i ~.~ , ~ ~ ...~ ~ ~.~ ~ ~.~ ~ ~.~ ~ -,' ,.; ~ ~ ... ~ ~.I :iJ. ~.~ ~ ........ -------.-.. ------------- ~ .~ ,,:. :.;:: ':'.::C:{ ::.:+:}<).::.~.:':.:+::.~: ):+:( ":.::+>:,: :::o::+::{ ::,~:+::~;,: :';.:.::';:, \;::+::..:: ":(+::0,,- "'::+::"': :;.::+::<:::)::.::<::.::+::< :::.::+;{ :~'::.::":::::.::.::':. ,;"::.::'" >;::.::~,::::'.::.::< );:+::~:' ~ ~i . I ; I I: " I , I I ~ i t<~,"~,~ _ w ._, _''_,.f' e'9~d. M. ~ M~/ $ 4 ~~ 9"9-?Jd 71~~?;; a2f ~ ~ ;'- , ", .dI{I.J!I'l"",~",,~m!~fF.f!iC,~! ,~ _~Ill!l!WlJ~~_n,....lI!!!I~ ,"'"F ~ . Lt TINA L. BRANDT IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNT~ PENNSYL VANIA Plaintiff VS. No. 0/- ~~O CiUl'[ y~ JERRY L. BRANDT Defendant CIVIL ACTION -- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING, A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLANDCOUNTYLAWYERREFE~SERVICE 2 LIDERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .:; ~. " ~~ ' ~ - ~ '" "",,' . ~,--", TINA L. BRANDT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. ..-.- No. 6/-5(.0 ~ I.u..- JERRY L. BRANDT Defendant CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE COUNT I l. The plaintiff is TINA 1. BRANDT, who currently resides at 1128 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania since October 1999. 2. The defendant is JERRY 1. BRANDT who currently resides at 71 Circle Drive, Dillsburg, York County, Pennsylvania for fourteen (14) years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married January 18, 1980 at Dillsburg, York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division, 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to A'_.' ~; request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 9. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) {l3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) {l3301(c). The marriage of the parties is irretrievably broken. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, Dated: (-ZY-p( /kt~ Timothy J. Col , q' WILEY, LENOX & COLGAN, P.C. 1 South Baltimore Street Dillsburg,PA 17019 (717) 432-9666 J.D. #77944 , .,.. ~ -- - ~ .....~" -~ ',- , . VERIFICATION I, TINA 1. BRANDT, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities, l '\ ,\ IL Date: l-a4-01 ~~~-r TINA 1. BRANDT Plaintiff _",.~.I , ~ ".. - m<r .. J TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE AFFIDA VIr OF CONSENT 1. A complaint in Divorce under S3301(c) of the Divorce Code was filed on January 26, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn :;:~fuoriti~ k~lb,",LT TINAL.BRANDT Plaintiff Date /' ~. 4 . ... TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs, No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses in do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn :~;~:fuOriti'" ~~f26c~r Date TINA L. BRANDT Plaintiff I ii ~ j ~ ~ I ''.!Ii I I " c "" '-.,; C:F . '''-''''''-!OTARY 0" 'P"'" ";10' ,,, . to: H o'h.:.G :11, , . I b ~ CUlvIBU:U',\Li 'o:OUNTY f'ENI\;SYLV!\Ni!~ :;t . A TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 9330I(c) ofthe Divorce Code was filed on January 26, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a [mal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. I-j- /((-d ').. Date ----.,,' ~=~m~_~ ~ "" ~ TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE W AlVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. I-I if'" 6 :2. Date .... r ~""".1J1 r_lil!lii!m~~k~lIWt1:~r.~itil._!li.-~L :;,~-;"~-'-"_' ~ ~ _, _ "w'" ,"",~ ,~~ " _,',_".- ." _~"~"" H~ ." . "l>' ,'" .- ~, ~ ,-, ., ~~i " "'.'=' .. 0 C C f'0 0, J:> -c; .;,.". C' -0 .'-' nl f""' :;;t.J Z Z C.- r....) U) ,,-:- Ci""'. -< C~ r: --, :> ~ z (~; -~'" .--, j> c: ':":) ;:.) z .-;:> =< (Xl :q -<. .- 'c'_",,~,_.- . _ r__ ,,'" __",_,. '_I-.- "" ,~ _~. ~ . ,,--" ,<, ^_ '0. " - . ,- ,-,- ,-, '. L.-'-/ TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE ACCEPTANCE OF SERVICE I, Jerry L. Brandt, Defewiant in the above-captioned matter, hereby certify that on February 10,2001, Ireceived a true and correct copy ofPlaintif.fs Complaint for Divorce in the above-captioned matter, which service satisfies the requirement ofPa.R.C.P. 1930.4(a)(I) and 1930.4(h). Date;:;: / Y ,;2 S; () 2 ,/ "7Ic-.'r c / ~ f)^ . Address COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF On this, the .l6ay of \ l,t j~ ' 2002, before me, a notary public, personally appeared Jerry L. Brandt, known to me or satis actorily proven to be the whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid, NC>tarJal~a1, " piVi!!llnia M. Wessels, N~ ~c Carroll Twp.,York CotinlY My Commission EXpjres M4'5'21, 2005 Member, PennsylvaniaAssoc'iatioi1otNotaries ~~ii;-_m.-'''''''''''kl'.,;i,lWjj,i@;<1<e'rCj"-"8t""Y>.,,,,.ltI~1~0Th1m.i!'Y'-j:m&.~~>,j;,,,",J<-tJ~"!l!-';'!&'"_"i.tlili-~~~""""'":'" . ~ __""~..J _",,&0;--" " w" (") C V'~ rn '~C', 2F'; 0<,::- k{~-' ,s:c: ~~~" z -;1 -, - a r'Cl c.... ~ t,..) o -'11 ::'0 i :'-f~'D r- --:!!=! -"'-) 'r ":'0 -:~ -'I"; - ._-; ~~r ~;1 '" 5J --< l) f;;? ::'''-1 (,0 ,~"'~ .. ~ ""'-'" . ~. """"'--'~'il''c~ .. ,-, :... OJ---gdJ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this Ief'day of ~, 2002 by and between TINA L. BRANDT, (hereinafter referred to as "WIFE") and JERRYL. BRANDT, (hereinafter referred to as "HUSBAND"). WITNESSETH WHEREAS, the parties were married on January 18, 1980 at Dillsburg, Pennsylvania; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to establish their respective financial and property rights and obligations as between each other including, without limitation by specification: issues relating to the ownership and equitable distribution of real and personal property; issues relating to the past, present,and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in 'general, the settling of any and all claims and possible claims by one against the other or against . their respective estates. 1. SEPARATION. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference by the other. Neither party shall molest the other or shall endeavor to compel the other to cohabit or dwell with him or her by other legal or other proceedings. The foregoing provisions shall notbe taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause 1 ,.~-~~ ~~.. ~ ~.- .;;i_ , J_ .~- ~~ ~~'"""'i' leading to their living apart. 2. CUSTODY. The parties are the parents of one minor child: Daniel Scott Brandt (d.o.b.4/12/86). The parties agree to the following terms and conditions regarding custody: A. Legal Custody. The parties agree to share legal custody as that tei111 is defined in the Custody Act 1985, October 30, P.L. 2M, No. 66, Section 1, 23 Pa.C.S.A. 5301 et seq. B. Shared Physical Custody. Physical custody of the minor child, Daniel Scott Brandt, shall be shared by the parties from time to time as mutually agreed upon. The parties ~~ acknowledge that while their schedules may not permit an equal sharing in any given week, both parties agree to cooperate with each other and to arrange a schedule that will allow each party to have equal physical custody of the minor child during the calendar year. 3. DIVISION OF PROPERTY AND DEBTS. Husband and Wife agree that the following constitutes an equitable distribution of the marital property and marital debts. A. Wife will retain possession of the following items: 1. Yz the household furniture and contents (as agreed upon by the parties); 11. The19n Ford Ranger; 111. Wife's IRA. 2 l~~"'~~ " J'i B. Husband will retain possessionofthe following items: 1. Y, the household furniture and contents (as agreed upon by the parties); H. The marital residence; HI. The 1995 Jeep titled in TinaL. Brandt's name; iv. Husband's 401(k); , v. PFCU Savings Account. C. The parties further agree that the CD of the parties titled in the names of William Brandt, Jerry Brandt, and Tina Brandtin the amount of roughly $4,000.00 shall go to Husband for the sole purpose of payment on son's automobile. D. Husband agrees that he shall execute all paperwork necessary to effectuate the transfer of the 1991 Ford Ranger title into Wife's name. Wife agrees that she shall execute all paperwork necessary to effectuate the transfer ofthe 1995 Jeep title into Husband's name. E. The parties jointly own real estate situate at 71 Circle Drive, Dillsburg, Pennsylvania. The property shall become the sole and exclusive possession of Husband. Husband shall refinance the property at the time of execution of this agreement. Wife agrees to execute a Special W;rrranty Deed conveying her ' interest in said property to HUSBAND at the time of execution of this Agreement. 3 .~ . l ~ ", , ~ --"["r Husband will be responsible for allexpenses related to the property including the mortgage taxes, utility bills, maintenance, etc. Husband agrees to indemnify and hold Wife harmless from any and all claims arising from or in connection with the marital residence from the date of execution of this Agreement forward. Wife shall receive from Husband at the time of the refinance a cashier's check in the amount of$30,000.00. Husband and Wifeagre~ that this payment is part and parcel of the equitable distribution of assets of the parties and shall not be construed as support, alimony or alimony pendente lite. F. Husband shall assume the responsibility for and make all payments for the utilities in the marital residence. G. Husband shall immediately have all utility service accounts transferred into his name exclusively. H. Husband shall assume and make all payments on thejoint credit card accounts with VISA (card n1)illber 4275 7243 2000 5775) and Sears. J. The parties jointly own a life insurance policy insuring Husband's life in the amount of $50,000.00 and insuring Wife's life in the amount of $25,000.00, The parties agree that . said policy shall remain in full force and effect. The parties shall name their children as beneficiaries of the policy. Husband shall be responsible for the payment of all premiums for the policy. The parties agree that if and when the policy is terminated, the parties shall share equally the cash surrender value at the time of the surrender. 4 ,~-~ -~~ ..... I"~ ._n', ._~~, 4. MUTUAL WAIVER OF ALIMONY. Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and that each is able to support herself or himselfthroughappropriate employment. Therefore, notwithstanding anything to the contrary contained in this agreement or in the Pennsylvania Divorce Code of 1980, as amended, Wife and Husband hereby expressly waive, discharge and release any and all rights or claims which she orhe may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance, or any other such benefits resulting from the parties' status as husband and wife. 5. MUTUAL CONSENT DIVORCE. The parties acknowledge that on January 24, 2000, Wife initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 01-560. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce ,and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said Affidavits and Waivers to the Court along with a Praecipe to Transmit Record, Vital Statistics form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5 ..~ , " . -',ti:__ 6. CHILD CARE EXPENSES. The parties agree to equally share all cbild care expenses which shall include, but are not limited to, unreimbursed medical expenses, college tuition, clothing and supplies. 7. INCOME TAX PRIOR RETURNS. The Parties have heretofore filed joint Federal and State Tax Returns. Both parties agree that in the event any deficiency in Federal, State, or local income, taxis proposed, or any assessment of any such taxes made against either of them, each will identify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 8. EXECUTION OF ADDITIONAL DOCUMENTS. The Parties agree to execute any deeds, assignments, titles or other instnnnents necessary and appropriate to accomplish the aforesaid division of property, 9. TRANSFERS SUBJECT TO LIENS. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim for liability that such other party may suffer or may be required to pay on account of such lien or incumbrance. 10. COMPLETE LISTING OF PROPERTY. The Parties represent and warrant to each other that the property described in this agreement represents all of the property in which 6 , '.!]; ~~ I. ~!~ ,~ ,- -"'."""''''''.i'e-f: they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance, or charge except those which are disclosed herein. 11. EOUlTABLE DISTRIBUTION OF PROPERTY. By this agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such-property conforms to a just and right standard, with due regard to the rights of each party. The division of existing martial property is not intended by the parties to constitute in any way a sale or exchange of assets, any division as being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as nontaxable. 12. RELINOUISHMENT OF OWNERSHIP. Except as provided therein:, Husband forever relinquishes any rights and interests he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any rights and interests she may now or hereafter have in any assets now belonging to Husband. 13. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other all items of property, be they real, personal, , or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectiyely, in all respects for all purposes as' though he or she were unmarried. 14. DEBTS. Husband and Wife agree to be responsible for the joint debt of the parties as described above. All debts, contracts, obligations or liabilities incurred any time in the past or 7 , ~ ~i l!:llillj ~ _.~~"~ " future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this agreement; and each ofthe parties hereto further promises, and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save hannless from all debts or liability incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this agreement, contract or incur any debt or liability from which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 15, BANKRUPTCY. The parties mutually agree that should either of them file for bankruptcy in the future, any monies to be paid to the other party, or to a third party, pursuant to , the terms ofthis agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. FULL DISCLOSURE. The respective parties do hereby warrant, represent, and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any , future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding 8 - _.!offirW'" ,fu!.....J._,,~ ~. - " ,-~ ~' ~ """'it involving this agreement with the exception of the disclosure that may have been fraudulently withheld. 17. RELEASES. This agreement is not intended to, nor does either party, release, quitclaim or discharge the other or the estate of the other from claims that each other may now have,or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out, of any former contracts, engagements or liabilities of the, other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 18. INDEMNIFICATION; Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and " that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the 9 'Ji: ~_.." I c'- '.' , ' ~;/, imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other,in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. GENERAL PROVISIONS. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negptiations between them. There are no representations or warranties other than those expressly set forth herein. 20. FAIR AND EOUITABLE CONTENTS. The provisions of this Agreement and their legal effect have been fully eXplained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. BREACH. It is expressly stipulated that if either party fails in the due performance of 10 ;.-...J .~ , j' ~-.:' " I "'"" " 1-.: any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable'legalfees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 23. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be vClid or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. EXECUTION OF DOCUMENTS. Each party shall on demand execute any other documents that may be necessary or advisable to <carry out the provisions of this Agreement. 25. APPLICABJ ,E LAW. TIllS Agreement shall be construed under the laws ofthe Commonwealth of Pennsylvania. 26. NON-MERGER. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been 11 !""O, ~-'~"N ~'~.-~ .-, , I I " - "~"""'''''~-;'~,- . merged with such Decree. 27. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. ~ k~l&~ TINA L. BRANDT ~ itn'esU ' / 0J~~CjG Witness s.' ICLIf';NTSICOLGANlBRANDTTINIMSA, WPD 12 ~..,~~ '.....:-~I ., ,,- . ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF l.M~tvlafA.J( Onthis, the i~ of /!f;;o/l ( ,2002, before me, the undersigned officer, personally appeared TINA L. BRANDT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. SS IN WITN Notarial Seal Kelly L.Qulnn, Notary Public Hampden Twp., Cumberland Counl}1 MY CommiSSion Expires Feb. 16, 2006 Member. Pennsylvanle Asscciatlon Of Notaries ial seal. (SEAL) MY COMMISSION EXPIRES: 1-/( ~ /0 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF C ~w..JtJ..Q(/laKPI On this, the / 9~y of lit/I '( , ,2002, before me; the undersigned officer, personally appeared JERRY L. BRANDT, known to me (or satisfactorily proven) to he the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. SS IN , Kelly L. Quinn, Notary Public HllI11pden Twp" Cumberland County My Commission Expires Feb, 16, 2006 Member. PennsyiIIaniB AssccIa1Ion Of Notaries MY COMMISSION EXPIRES: ') -! ft -(J re 13 ~ ~ " L..:. "'~~<w~I!i~lMH.!iEilI,-iMji~~~hHfJ!,hi.!iit>\..4!ll!i-'-Mim;:ji!iti.;;~f~~~~ ~ ,I 1'i~' !tilt.-'- ~illi1l!<$"" 'lt~_i!r ~"' 0 r'~ c:.' r',) ;~'" -,'~ -..1 ~' [~-~ \:;\ ~ I" -' -Tj ~~-'" Z ,'"'-) u; \~' . -.(, r::: ::::--" j-; ( z n j> rO.. D () ~.; -r'; --,-,':- __1, ::-0 -< <X) -< ,. . ~-='=' , I, '. ~ -". "',,-- J: ;~ 'f TINA L. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 01-560 JERRY L. BRANDT, Defendant CIVIL ACTION -- DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Defendant accepted service by mail on February 10. 2001. Acceptance of Service signed by Defendant. dated July 25. 2002. and filed with this Court on July 31. 2002. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: April 18. 2002; By Defendant: April 18. 2002. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: All related claims were resolved by a Property Settlement Agreement dated April 18. 2002. Said Property Settlement Agreement was filed with the court in April 26. 2002. 5. Complete either (a) or (b): ,I _'';;''_ ,'. .. ~ Iti!,,-, ',1 (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was flied with the Prothonotary: Filed April 26. 2002: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed April 26. 2002. Date: ~. Z t 2tJ tJ 'Jr- By: Timothy J. Colgan, Esquire Attorney for Plaintiff ill # 77944 Wiley, Lenox, Colgan & Marzzacco, P.c. 1 S. Baltimore Street Dillsburg, P A 17019 (717) 432-9666 .~;;t;ilIAi~'4'li:.i~/"!"i~lI;ffi.mmdi~limil\\i.,,kib~"''if~~~gtlV.:M~:&il~iilil --~"'"".lkl' ~ ~"".........."""~'~ ,~, ""'~' ,J . ~""" o c ?Jff 2(" ()) --' ;:S ~.:- ~c~ ~o ~C) .Pc: z: =< 0<' ':;:, CJ1 ,. .> , ,j c" J,-.:; "'" t;;:j , U'; -.;"i' / ,- l'Irn ~CJCl '.~))-- 1'"J ~t: -I", {-):D ~,.o am ?5 -< ~ - h ~'