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HomeMy WebLinkAbout07-5079w ~ Thomas D. Gould, Esquire I.D. # 36508 2 East amain 3traet ShiremanatoMr-, PA 17011 (717) 731-1461 JUSTIN W. BRILLHART, PLAINTIFF IN THE COURT OF CO1~ON PLEAS CvMBERLAND COt1N't'Y , PENNSYLVANIA v. NICOLE A. BRILLHART, DEFENDANT NO. 2007 ~~ 7 ~ CIVIL TERM 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 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 .- THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMAN3TdNN, PA 17011 (717) 731-1461 JUSTIN W. BRILLHART, PLAINTIFF v. NICOLE A. BRILLHART, DEFENDANT IN THE COURT OF COl~N PLEAS CtE~lBERI~AND COUNTY , PENbTSYLVANIA NO. 2007 - ~a79 CIVIL TERM . IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Justin W. Brillhart with a mailing address of P.0. Box 242, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Nicole A. Brillhart, who resides at 57 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Plaintiff and Defendant have been bonafide residents of 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 October 11, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. ,~ 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. There were no children born of this marriage. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. r Date: ~ 2~ ~7 Justin W. Brillhart ~ Q~ AVAILABILITY Q~ COUNSELING. TO THE WITHIN~NAMED_DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. } i'_' N G ~_ n.. ~- ~=- ~~~ b ~ ~~ ~~, ~~ ~~ ~ LL ~ N ^~~ ~:_ '"~ -} ~, ~LG i 7,1 C~ _,~? _J rc~ s # ~ ~ u O~ l ;°~ 3° v. ~ol o~ -sa~9 rtiARRIAGE SETTLEMENT A~RE~1~lENT n ~ o THIS AGREEMENT made this 2Z~~ day of ~'u~ Q ~ 20~, b and between JUSTIN W. BRILLHART, (hereinafter refer~tl "Husband" ) and NICOLE A. BRILLHART, (hereinafter refe~,~ed ~' ~~'' s ~ ..Wife") . ~--' .c- ;~z.~ y. "n t~-a WITNESSETH: z=-<< N v~'" WHEREAS, the Husband and Wife were lawfully married or%~Ocbe~ 11,.2003; and WHEREAS, differences have arisen between Husband and Wife in consequence of which. they intend to live apart from each other; and. WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, no children were born of this marriage; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their. jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their .mutual differences, after. both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows;. 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate .and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2: INTERFERENCE Each party shall be free from interference, authority, and .contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel-the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY .The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal .property which heretofore have. been used by them in common. 4. AUTOMOBILES The parties own numerous vehicles. Husband-shall have all right and title to the 1991 Ford Escort, 1988 Chevrolet 2500, Yamaha Maxim 750, 1995 Polarcraft w/motor and 1985 Sunline 16' camper.. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to the 2004 Chevrolet Malibu and shall maintain insurance on her vehicle and be responsible for all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband .harmless for all matters related to her vehicle. The parties agree to, within ten (10) days of signing this Agreement, sign all documents required to transfer ownership interest and title of the vehicles as set forth above. Husband agrees to pay Wife $2,000.00 upon Wife's execution of the documents transferring title of the 1988 Chevrolet 2500 to Husband. 5. DIVISION OF REAL PROPERTY The parties. do not own any real estate. The mobile home .located at 57 Regency Woods North, Carlisle, Cumberland. County, Pennsylvania that was the marital home is to be solely the property of Wife and Husband hereby relinquishes all his right and interest in the mobile home. Wife agrees to indemnify and hold. Husband harmless for all claims, expenses and costs related to the former marital home. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. Each party is to maintain their separately owned accounts, stocks, bonds or other investments. Each party relinquishes any right they may have. in the other's accounts. 7. INSURANCE Husband agrees to continue to cover in his policy and pay Wife's auto insurance .premiums through October 31, 2007 and her health insurance premiums through November 30, 2007. 2 [ ~ ~' 8. MARITAL DEBTS The parties have no joint debt. .Husband shall. be responsible for all debts solely in his name and Wife shall be responsible for. all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement. 9. PENSION AND RETIREMENT ACCOUNTS The parties. have fully. disclosed any and all.retirement and pension accounts to the other. Wife does not currently have a pension or retirement account.. Husband has a 401(k) through his employer. Husband relinquishes any and all rights he may. have in Wife's past, present or future pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's past present and future pension or retirement accounts. 10. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE, Each party hereby waives, releases, discharges and gives. up any rights he/she may have. against the other to receive support, alimony pendente lite or alimony. 11. FILING OF IRS RETURN Husband and Wife agree to file a joint 2006 tax return and equally share any refund or deficiency.. In all subsequent years, .the parties agree to file separate tax returns. 12. DIVORCE The parties agree that Husband will file a No-Fault Complaint under section 3301(c)_of Pennsylvania Divorce Code. Each party agrees to cooperate with each other in obtaining a final divorce of the marriage. Upon expiration of the required waiting periods, the parties shall sign and allow to be filed the documents necessary to .obtain an uncontested no-fault divorce. Husband, to maintain health insurance for Wife, agrees to delay the request for the issuance of the Decree in Divorce until after November 30, 2007. 13. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 3 ~• 14. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 15. CONTINUED COOPERATION The parties agree that they will within ten (10) .days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or-notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 16. BREACH I£ either-party breaches any provision of this agreement, the other party shall have the right,. at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 17. VOLUNTARY.AGREEI~NT. The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and their legal rights. with an .attorney. 18. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hexeby waives and relinquishes any and all rights he or she may now have or hereafter acquire .under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower,. curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the-will of.the other and the.right to act as administrator/executor of the other's estate. 19. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 4 ~~ 20. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. and executed with the same formalities as this agreement. 'The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENTS It is understood 'and agreed that any prior agreements. which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 22. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall. not have any binding affect whatsoever in determining the .rights or obligations of the parties. 24. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals JUSTIN B LLHART NICOLE BRILLHART 5 Commonwealth of Pennsylvania: ss County of ~~~~ PERSONALLY APPEARED BEFORE` ME, this ~,u~day of ~~~' 2007, a notary public, in and for the Commonwealth of Pennsylvania, JUSTIN W. BRILLHART, known to me (or satisfactorily proven to be) the. person whose- name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notar Public COMMONW~-m OF PENNSYLVANIA NOTARIAL S ry Public ~ Mn C. Gsrbarino, SiN~t ~, Tom., Cumberland Count MY Commissron Expires l'kc. 13, 200 Commonwealth of Pennsylvania: : ss County of ~~~~ PERSONALLY APPEARED BEFORE ME, this da~D day of ~~ 2007, a notary public, in and. for the Commonwealth of Pennsylvania, NICOLE A. BRILLHART, known to me (or satisfactorily-proven to be) the person whose name. is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notar Public COMMONWEALTH OF,_PENNSYLVANIA NOTARIAL SEAL Msty Ann C. Garbarino, Notary Publlc • SYver Spring Tvrp., Cumberland County Nf- Commission Expires Dec. 13, 200$ 6 JUSTIN W. BRILLHART, Plaintiff v. NICOLE A. BRILLHART, Defendant . IN THE COURT OF COI~Il~lON PLEAS CUN~ERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5079 . CIVIL ACTION - LAW . DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 24, 2007. 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 a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~~ STIN W. BRILLHART C'~ o ~~ . = Q ' ~,, w ~ {:, - ~ .,,,,, ~- L3 .~ J , ~ . -~ ,~ =zra `b ~ ~ "r, ~.~ ~rZ ~ N p ~' ~ ~ JUSTIN W. BRILLHART, Plaintiff v. NICOLE A. BRILLHART, Defendant . IN THE COURT OF CONII~lON PLEAS . CUN~ERLAND COUNTY, PENNSYLVANIA . NO. 2007 - 5079 CIVIL ACTION - LAW . DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 24, 2007. 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 a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~~ ~~ NICOLE A. BRILLHART b ~'~ ~ ~7 ~~,' r'~ tom" ~``J ~~I: - ~~ ~ ~~ ~`~~~ ;`~ ~ , ~, rv c3 ~~ JUSTIN W. BRILLHART, Plaintiff v. NICOLE A. BRILLHART, Defendant IN THE COURT OF CONII~RON PLEAS CUI~ERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5079 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(gZ OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 1$ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : ~~ ~~ USTIN W. BRI LHART C") ~ ~ p ~"1 ~ ? f ' 4 b 'mot ' x i I C~l3~.~. ~~ ~ ~? ~ ,C~ ..,.., t ~ ~ "i'J `S 3 .~- ~`^ ~.../ ~ ` ~ ..:,~ .~ ,~`" 143 ^^[ JUSTIN W. BRILLHART, Plaintiff v. NICOLE A. BRILLHART, Defendant IN THE COURT OF CONII~ION PLEAS CUi~ERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5079 . CIVIL ACTION - LAW . DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I ccnsent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ~ "r' DATED: NICOLE A. BRILLHART i3 't3 ~ ~v ~ ~-~ ` = ~ h ~~ ~` 1 ~',. ~ ~~" ~ ~ w. , V .~ ~~,• „~ 7 r ~ ' `.' ~ ` • '4+ w JUSTIN W. BRILLHART, PLAINTIFF v. NICOLE A. BRILLHART, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO . 2007 - ~(~ ~ l CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Nicole A. Brillhart, accept service of the Divorce Complaint in the above captioned matter. Dated: Nicole A. Brillhart 57 Regency Woods North Carlisle, PA 17015 ~;'` DEFENDANT ` m ~x C'3 ~ +v ~ ~~ ~~ .~. ~-:: Q c7 ~? .~..: ~; ~ ~ ~r-' ""G:. ~ ..Q ~ ~ ~ C'~~ _~ ~ .~ ~~ tri ..~ J'~,rT~h ~3-3~i~ W . BRILLHP,RT , PLAINTIFF v. NICOLE A. BRILLHART, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 507q CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301{c) of the Divorce Code. 2. Date and manner of service of the complaint: September 9, 2007 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301{c) of the Divorce Code: By Plaintiff, December 15, 2007; By Defendant, December 15, 2007. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothanotary on December 18, 2007. Date Defendant's Waiver of Notice in § 3301(c} divorce was filed with the Prothonotary on December 18, 2007. Thomas D. Gould, Esquire t ? +v a -.., ~~ ~ i?tr;~, ~' 4 ~ ~ r~ F:. ~ -~ Cb ~° ~--, ~~ `~ ~ ~ ~~~ ~C =~'~ ~ "C ~ ~~ ~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~, --~ JUSTIN W. BRILLHART, Plaintiff VERSUS NICOLE A. BRILLHART, Defendant (y p, 2007 - 5079 CIVIL DECREE IN DIVORCE AND NOW, ~ ~ce,~lae~,r '~, o 1~~7, IT IS ORDERED AND DECREED THAT JUSTIN W. BRILLHART PLAINTIFF, AND NICOLE A. BRILLHART ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; THE MARRIAGE SETTLEMENT AGREEMENT DATED JUNE 22,_2007 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. BY THE COURT: ATTEST: -~ PROTHONOTARY s~ ~Q /`~ ~ ~l ~a ~~'~~r ..~ 4„ w ,