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HomeMy WebLinkAbout99-04338...?s.? _;?% ?..?;g". /.°`?F 7 Frd };{ ??,4 _. ?:;! M :e: :e: :? • :t OF CUMBERLAND COUNTY STATE OF PENNA. DECREE IN DIVORCE r IN THE COURT OF COMMON FLEAS AND NOW, ..........jGc?..-Gc... ,zz 1 19 V... , it is ordered and decreed that ......... .:.:. ............. . plaintiff, and ................ .. . .. .. ....................... . 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; ................................................................ nv . nr .!t . ... 2t i ?a?i. ivi ij..s. .A. By T e Court ?• Attest: J. 7 Prothonotary .M. •a• ce:• teM. ;e. •:c• :c• :r.• -:e:• te> te• tc• :r.. :e: •:e:• s• a:• te: te• :e• :e> 42 073. lJ BARBARA A. BRECHBIEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-4338 CIVIL TERM WILLIAM B. BRECHBIEL, CIVIL ACTION - LAW Defendant IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 22n1D day of MOV91N 1999, by and between BARBARA A. BRECHBIEL of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and WILLIAM B. BRECHBIEL of Wormleysburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on June 7, 1980 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, both parties have been bona fide resident of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since July 6, 1999; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Matthew J. Eshelman, Esquire, and Wife was represented by Robert Peter Kline, Esquire, each of whom have given a full explanation of the same to their respective clients; and WHEREAS, there are no dependent child to the marriage; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce 3 action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision 4 thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Agreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; 5 the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Ri hts of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 6 3.4 Marital Residence. Wife agrees to transfer to Husband all her interest in the marital residence at 615 North Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043. Husband shall have sole and exclusive possession thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the marital residence. 3.5 Personalty. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7 3.6 Equitable Distribution Installments. Husband shall pay Wife the total amount of $35,000.00, representing her equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. Husband shall pay this amount in lump sum upon delivery of the deed as referenced in f Paragraph 3.4 above, said deed to be delivered not later than at a refinancing settlement, with the deed executed in advance and held in escrow by Robert P. Kline, Esquire. 3.7 Pronerty to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: None. 3.8 Pronerty to Wife. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, or as may listed in the preceding paragraph, in exchange for the following assets to be transferred to Wife: None. 3.9 Retirement. Each parties specifically waives any claim they may have against the retirement of the other. Each party acknowledges that the other spousal has a retirement plan or account to which the parties may have contributed martial property 8 over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against 3 9 1 the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 Refinancing Aoreement. In exchange for release whatever claim they may have against the real property of the other as set forth above, each of the parties agrees that the other party should not be burdened by any debt, lien, or mortgage encumbering that property. To that effect, each of the parties agrees to immediately refinance any such encumbrance in order to remove the name of the non-possessory spouse. The parties recognize that financial circumstances may hinder or obstruct the ability of a party to refinance. Therefore, a party who is unable to immediately refinance a jointly held debt, lien, or mortgage shall reapply for refinancing within an interval of no less than one year from any unsuccessful refinancing attempt. Every reasonable and good faith effort shall be applied to an attempt to refinance. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts encumbering real property in their possession and further agree to indemnify and defend the other from any claim regarding same. 4.3 Specific Outstanding Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from the following 10 outstanding bills, obligations, and debts and further agrees to I` indemnify and defend Wife from any claim regarding same: Mortgage secured by martial residence. 4.4 Specific outstanding Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding same: None. ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, neither party shall be obligated to pay to the other party any amount for alimony, APL, or spousal support. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party r; shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel 11 regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of 12 dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to'any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. 13 Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach 14 or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Binding. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this 15 Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Equitable Divis It is specifically understood and agreed that this Agreement constitutes an equitable distribution of i property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, i during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilit and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. consideration for this contract and agreement is the mutual The 16 benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. BARBARA A. BRECHBIEL, WIFE WILLIAM B. BRECHBIEL, HUSBAND 17 z ti as ??°8 - ? Q h y n m r U's _° < E C Ir °' `? U aQ Q a BARBARA A. BRECHBIEL, Plaintiff V. WILLIAM B. BRECHBIEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4338 CIVIL TERM CIVIL ACTION - LAW IN 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: Code. 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Complaint filed on July 16, 1999 and served by certified mail on July 19, 1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: November 22, 1999; By Defendant: November 13, 1999. 4. Related claims pending: None. All related claims have been resolved pursuant to Separation and Property Settlement Agreement dated November 22, 1999, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code. Waiver of Notice executed by Plaintiff on November 22, 1999 and by Defendant on November 13, 1999, and both are being filed simultaneously with this Praecipe. Respectfully submitted, 01 17fC IKR9 ROBERT PETER KL , ESQUIRE Date 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff c' l'- _ C_: i?tl G k- Li C, p? CJ BARBARA A. BRECHBIEL, Plaintiff V. WILLIAM B. BRECHBIEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- y 3 't P CIVIL TERM CIVIL ACTION - LAW IN 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BARBARA A. BRECHBIEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO.99- 9338 CIVIL TERM WILLIAM B. BRECHBIEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Barbara A. Brechbiel, an adult individual, currently residing at 4118 Rosemont Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is William B. Brechbiel, an adult individual, currently residing at 615 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 7, 1980 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since July 6, 1999 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 1 1. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT 11 EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of real estate located in the Borough of Wormleysburg, retirement benefits, and various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, Date R ERT PETER ICLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. We BARBARA A. B C IE fi C W'1 N ry- d: T C'? c'` ua I1, V /71 1 c? J 7 L7 )f] a? i Date ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ... .... BARBARA A. BRECHBIEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 994338 CIVIL TERM WILLIAM B. BRECHBIEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant, William B. Brechbiel, by certified mail, return receipt requested, on July 16, 1999, addressed to : William B. Brechbiel 615 N. Second Street Wormleysburg, PA 17043 and did thereafter receive same as evidenced by the attached Post Office receipt card dated July 19, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. on 1.l 59 I P 308 767 896 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOr FOR INTERNATIONAL MAIL S I/ ! C d Speel and No < / a P Slate and ZIP Code of w ? Postage S ? S Clmdled Fee Special Delivery Fee Restricted Delivery Fee OCT5 Ralurn ROCCIpt showing to whom and D o Dolrvered eo Retur whom. Dale ress rv c T ost d Fe S S ? W Po ma or l7? 0 o E GsAS i70T?°j 0 LL N M I also wish to receive the follow- ! $ SENDER: ing services (for an extra a flee): t m p complete Gems 1 and/or 2 tar etlditlonel services. 1 so that we can return tNe 1 t complete t print y name 3, As. and 40. YY??{?Y p Pdnl your name and address on the reverse of this to= , m card to qou. UCL p Anson lNefonn to the front of the mailpieca, or an Oe beck if space does not DELIER \YSER pertel. p, a Write p The Return Receipt Pwillshow to whom the ankle wen lig"ped and the date delivered. X 4a. Articl Number a s ; TI 3. Article Addressed to: G G E I /1 a 30? _ it ?1441,¢m A 13IM'lf[31EL- 4 ? b ReService T gistered ?'Certmed is i 0 Insured 5,C-raA1_0 Y77 ? Express Mail ?Y. i D^ ? Return Receipt for Merchandise ?COD sdl I ?Q.P/I7LE?S,t3r/?G r 7. D of elive a. t ! ( 8. Addressee's Address (Only!/ re 5 c gy: dnf Name) quested and I fee is paid) i Ig nlWe Cr see A a t) T m torsesses?xza IMrnea9c Retum Receipt P orm 3811,, ember 1994 •` nl iL' - =ill l- C' Ch > U, U BARBARA A. BRECHBIEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4338 CIVIL TERM WILLIAM B. BRECHBIEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16,1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNS WORN FALSIFICATION TO AUTHORITIES. I/ lap, Mcra Date BARBARA A. BRECHBIEL SSN: I %( 3 q - 4f6 & / ?.t ] j i rj L:_• G !CL b? CJ BARBARA A. BRECHBIEL, Plaintiff V. WILLIAM B. BRECHBIEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4338 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 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 HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ? l la a // 9 d? ?b Date BARBARA A. BREC N lij IS?ir ?,• L.' J LG. L' v 1 rl 4 \i a Cal y S.Y7 r BARBARA A. BRECHBIEL, Plaintiff VS. WILLIAM B. BRECHBIEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4338 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 16, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 3 4904 relating to unsworn falsification to authorities. 9 Q ? DATE:Mv-L-./3,sq Signature: AA A William B. Brechbiel Gi (1 c LI BARBARA A. BRECHBIEL, Plaintiff Va. WILLIAM B. BRECHBIEL, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4338 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3391(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 of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. DATER , /3, /999 Signature: wL i&-e,- William B. Brechbiel 2 - i't,J fif; Crl -7 iii r,?