HomeMy WebLinkAbout99-06658;'
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IN THE COURT OF COMMON PLEAS r
OF CUMBERLAND COUNTY
STATE OF ;;c?; }• PENNA.
HOLLY A. BRICKNER,
Plaintiff u. _99-.6658,.Civil..Term
S_1IAWN L. BRICKNDR,y
Defendant IN DIVORCE (•:.
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DECREE IN
1 DIVORCE
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AND NOW, ..... Y ..?6.......... W 2000, it is ordered and (
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decreed that ...... !I.o.LLY. A. B.RICKNER ... • ... • .... plaintiff, `•'
SHAWN L. BRICKNER . • • , defendant,
and ............................................. . - .
are divorced from the bonds of matrimony.
a
Q'I 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 f
been entered;
None, The terms of the Marital Settlement Agreement, together with its ?•
.........................................................................
Amendment are incorporated but not merged into this Decree.
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Attest I? J.
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A Prothonotary
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HOLLY A. BRICKNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
SHAWN L. BRICKNER,
Defendant
CIVIL ACTION - LAW
NO. 99 - 6658 CIVIL TERM
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS Agreement made this
day of
1999 by and
between HOLLY A. BRICKNER, of 10321 Mowersville Road, Newburg, Franklin County,
Pennsylvania, hereinafter referred to as WIFE, and SHAWN L. BRICKNER, of 236 Clearview Drive,
Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on July
16, 1994, in Hickorytown, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to No. 99- 6658 Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation, the
settling of all matters between them relating to the ownership of real and personal property, claims
for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the
settling of any and all claims and possible claims against the other or against their respective
estates.
brickner msa Ijb December7,1999
NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified of
his or her right to consult with counsel of his or her choice, and have been provided a copy of this
agreement with which to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire,
and HUSBAND is represented by Hubert X. Gilroy, Esquire. Each party acknowledges and accepts
that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely
and voluntarily, after having received such advice and with such knowledge as each has sought
from counsel, 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 improper or illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, on or about February 5, 2000 or as soon thereafter as permitted by the Rules of Civil
Procedure, Affidavits of Consent and Waivers of Notice under Section 3301(c) of the Divorce Code,
consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
(A) WIFE will retain the 1999 Dodge Stratus. Prior to the refinancing of the marital
home, she will refinance the joint obligation to Chrysler Corporation so that HUSBAND is no longer
liable on account of the Dodge Stratus, and she will indemnify and hold HUSBAND harmless
against any loss on account of said vehicle.
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brickner msa lib December 7, 1999
(B) HUSBAND will retain the 1993 Ford F-250 Truck. The truck is subject to a lien
in favor of Provident Bank in HUSBAND's name only. HUSBAND will indemnify and hold WIFE
harmless on account of any loss related to the Ford Truck.
(C) The parties will each retain their own life insurance policies through Prudential,
their own IRAs through Gibb Financial and the proceeds of the marital savings and checking
accounts which have already been satisfactorily divided. Each will retain his or her own retirement
benefits with the sole exception that HUSBAND will rollover to WIFE from his 401-K Plan with
Kemper $6,000.00 into an IRA in WIFE's name only. Said transfer shall have no tax consequence
to either party.
(D) The parties warrant that the personalty listed on Exhibit 'A", along with
approximate values is the only marital property of which the parties are aware, and the values of the
marital portions are accurate. This warranty is made in lieu of discovery and in the interest of an
equitable division of the marital estate.
(E) Within 90 days of the date of this Agreement, HUSBAND will pay to WIFE
$10,000.00. Additionally, HUSBAND will pay to WIFE $12,000.00 in monthly payments of $166.67
commencing September 1, 2000, and continuing on the first of every month thereafter for a period of
72 months until the principal amount is paid in full. Said obligation will be paid without interest, but
will be secured by a second mortgage on the marital home as more fully described in Paragraph 4
below.
4. Real Property: The parties are owners of a home at 236 Clearview Drive, Carlisle,
Cumberland County, Pennsylvania. The home is encumbered by a lien in favor of Harris Savings
and Loan. Within 90 days of the date of this Agreement, HUSBAND will refinance the mortgage so
WIFE is no longer liable thereon. At the time of the refinance, WIFE will transfer to HUSBAND all
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brickner msa ljb December 7, 1999
her right, title and interest in the marital home by special warranty deed. On the same day that the
deed and mortgage is recorded, HUSBAND shall execute a Note and mortgage in favor of WIFE in
the amount of $12,000.00 to secure the payments set out in Paragraph 3 above, and shall record
said mortgage with a second lien position junior only to HUSBAND's mortgagee. Pending the
refinance, HUSBAND will pay the mortgage principal and interest, the taxes and insurance on the
property, and shall indemnify and hold WIFE harmless on account of any loss from his failure to do
so.
5. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient
assets with which to maintain themselves after divorce.
6. Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each party will be responsible for the debt on the credit card
accounts in his or her name. Each party will incur no debt for which the other may be liable, and will
indemnify and hold the other harmless for any debt so incurred. WIFE will be solely responsible for
payment of her student loans.
7. 1999 Federal, State and Local Income Tax Returns: The parties agree to file their
1999 Federal, State and Local Income Tax Returns jointly. The parties will equally divide any
refunds received.
8. Exchange of Information: The parties have requested from each other and received
any information regarding their assets, liabilities, income and expenses which the party requires
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distribution of marital property and
debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23
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brickner msa lib December 7, 1999
Pa. C.S.§3502 including the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by each party to the education, training or increased
earning power of the other; the opportunity of each party for future acquisitions 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 appreciate of the marital property, including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
9. Modification: No modification, rescission, or amendment of this agreement shall be
effective unless in writing signed by each of the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
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brickner msa qb December 7. 1999
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
14. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests 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 she or he 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, or
by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers'
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 all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse 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 term
thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only
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brickner msa tib December 7, 1999
except, all rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement, or for the breach of any term thereof, subject, however, to the
implementation and satisfaction of the condition precedent as set forth herein above.
15. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but
not limited to, court costs and counsel fees of the other party. In the event of breach, the other party
shall have the right, at his or her election, to sue for damages for such breach or to seek such other
and additional remedies as may be available to him or her.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
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Holly A. Brickner
J4- 4/ %?. (Seal)
Shawn L. Brickner
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Witness:
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Brickner . Ijb Marc[ 7, 2000
HOLLY A. BRICKNER,
Vs.
SHAWN L. BRICKNER,
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -DIVORCE
NO. 99-6658 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) 33011(4)(1) of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the cornplainl: Acceptance of Service signed by Hubert X. Gilroy,
Esquire, Attorney for Defendant, Shawn L. Brickner, dated November 11, 1999.
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 the Plaintiff, Holly A. Brickner; by the Defendant Shawn L.
Brickner.
(b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs affidavit upon the Defendant:
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Dale and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: March 7. 2000
(b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary: March 7, 2000
Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:
I J..Ll`hds y. Attorney for Plaintiff
CJ
HOLLY A. BRICKNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - DIVORCE
NO. 99- G G 5 l CIVIL TERM
SHAWN L. BRICKNER,
Defendant IN DIVORCE
NQUICE
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 Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT 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
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:__?/??` [G4C /?G ?/?
Date: ? )m yd 6t*' /., I &
Carol J say, Esqui e
ID N 44Lin
11 East High Street
Carlisle, PA 17013
(717) 243-5513
briekner comp in div lib October 22. 1999
HOLLY A. BRICKNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99- 66-i ;' CIVIL TERM
SHAWN L. BRICKNER,
Defendant : IN DIVORCE
COMPLAINT
HOLLY A. BRICKNER, Plaintiff, by her attorneys, FLOWER, FLOWER & LINDSAY, P.C.,
respectfully represents:
1. Tile Plaintiff is Holly A. Brickner, who currently resides at 10321 Mowersville Road,
Newburg, Cumberland County, Pennsylvania, where she has resided since September 5, 1999.
2. The Defendant is Shawn L. Brickner, who currently resides at 236 Clearview Drive,
Carlisle, Cumberland County, Pennsylvania, where he has resided since 1997.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 16, 1994, in Hickorytown, Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other jurisdiction.
6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
counseling.
brickner comp in div W October 22. 1999
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
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By:
l
LI) Carol J. Lindsay, Esquire
I D # 44,8'93
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date: / 9
bdekner POMP in div t}b October 22, 1999
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. 0.8. S 4904
relating to unsworn falsification to authorities.
Holly A. Brickner
Date:_ [ :Jm ,- 9)'r IQG g
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HOLLY A. BRICKNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - LAW
NO. 99-6658 CIVIL TERM
SHAWN L. BRICKNER, IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on .
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the dale of
filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in 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 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.
(J" Si)_i';." 7 P I
Holly A. Brickner, Plaintiff
Date: 1? r? " IJ
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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 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.
Holly A. Brickner, Plaintiff
Date: " C U
HOLLY A. BRICKNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99.6658 CIVIL TERM
SHAWN L. BRICKNER, IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the dale of
filing and service of the Complaint.
Decree.
3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the
I verify that the statements made in this Affidavit 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.
Shawn L. Br , kner, Defendant
Date: -?///Go
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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 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.
Shawn L. l3rrickner, Defendant
Date:
-T
brickner tib November 3, 1999
HOLLY A. BRICKNER,
Plaintiff
VS.
SHAWN L. BRICKNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99.6658 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce on behalf of Shawn L. Brickner, Defendant, and
certify that I am authorized to do so in the above captioned matter.
BROUJOS & GILROY, P.C.
Attorneys for Defendant
4rth Hanover Street
C& isle, PA 17013
,.
IIOLLY A. BRICKNER, ?N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PI?NNSYLVANIA
vs• CIVIL ACTION - DIVORCE
NO.99-GG58'CI V I L TERM
SHAWN L. BRICKNI?I2,
Defendant IN DIVORCE
NOTICE OF INTENTION TO
RESUME PRIOR NAME
NOTICE IS HEREBY GIVEN that HOLLY A. BRICKNER, the Plaintiff in the above matter, having
been granted a Final Decree in Divorce on March 16, 2000, hereby intends to resume and hereafter use the
previous name of Holly A. Ashway, and gives this written notice avowing her intention in accordance with the
provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980.
,
Holly A. Brickner, Petitioner
TO BE KNOWN AS:
Holly A. Ashway ?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
ON this,thc
_day of L( -?r
2000, before nte, a Notary Public, personally
ppeared , known to me or satisfactory pr' vcn to be the person whose name is subscribed to the within
nstnunent and acknowledged that she exccu cd the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTAAOLL SEAL
MERLENE J.MAF*EVKA,NOTANY PUM1C
CARLISLE, CLUBMA1D COUNTY, PA
MY oc'Am B m E>d'm JUNE 0.100.4
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