HomeMy WebLinkAbout03-5236
II
ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2003- t~j(..
CIVIL ACTION-LAW
IN DIVORCE
CIVIL TERM
MARK H. BRICKER,
Defendant
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 Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
11
ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2003- ,s'.,'lJ {.
CIVIL ACTION-LAW
IN DIVORCE
CIVIL TERM
MARK H. BRICKER,
Defendant
COMPLAINT UNDER SECTIONS 3301(c)
AND 3301(d) OF THE DIVORCE CODE
1. Plaintiff is Ashley E. Bricker, an adult individual who currently resides at 3
Forgedale Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Mark H. Bricker, an adult individual who currently resides at
270 Dorwood Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and the Defendant have been bonafide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on April 12, 1997 in Carlisle,
Cumberland County, Pennsylvania.
COUNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above.
6. There have been no prior actions of divorce or for annulment between the
parties as to their current marriage.
7. Plaintiff and Defendant are not in the Armed Forces of the United States.
8. Plaintiff avers that the marriage between the parties is irretrievably broken.
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9. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the Court require the parties to participate in
counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree in divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The parties have acquired both real and personal property, including
automobiles, bank accounts and other items of miscellaneous property during the
course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
DATE:
le./.oJ
Michae~~~e
J.D. # 69174
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.d ir/domestic/bricker/d ivorce.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. e.s. 94904, relating to unsworn falsification to authorities.
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Af!#!leyf-B~ker
DATED:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ASHLEY E. BRICKER,
Plaintiff
No. 2003-5236
CNILACTION--LAW
vs.
MARK H. BRICKER,
Defendant
IN DNORCE
ACCEPTANCE OF SERVICI~
I, Michael J. Hanft, Esquire, accept service of the Complaint in Divorce filed October 3,
2003, in the above-captioned matter on behalf of my client, Mark H. Bricker, and I certify that I am
authorized to do so.
Date: ( 0 ~ '( - () 3
HANFT & KNIGHT, P.C.
M!!::x2:!#
Attorney ill No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pelllisylvania 17013-9142
(717) 249-5373
Attorney for Defendant
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ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003 - 5236 CIVIL TERM
V.
MARK H. BRICKER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
STIPULATION AND AGREEMENT
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THIS AGREEMENT AND STIPULATION entered into this ~ - day of March, 2005,
by and between Mark H. Bricker (hereinafter referred to "Father") and Ashley E. Bricker
(hereinafter referred to as "Mother");
WHEREAS, Ashley E. Bricker is the natural mother of the child Kylee Elizabeth Bricker,
born May 18, 1999, (hereinafter referred to as "child"); and,
WHEREAS, Mark H. Bricker is the natural father of the child; and,
WHEREAS, the natural parents are separated and living in separate residence; and,
WHEREAS, the parties believe it to be in the best interest of the child that the parties
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share physical custody of the child; and,
WHEREAS, the parties wish enter into an Agreement relative to the custody of the child.
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. The parties shall share legal custody of child, Kylee Elizabeth Bricker, born May
18, 1999. Shared legal custody means the right of both parents to control and to share in
making decisions of importance in the life of their child. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions
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affecting the child's general well-being, including, but not limited to, all decisions regarding their
health, education and religion. The custodial parent shall inform the non-custodial parent
immediately of all medical and dental appointments and problems pertaining to the child. Each
parent shall notify the other parent of any medical, dental, optical, counseling and other
appointments of the child with health care providers, sufficiently in advance thereof so that the
other party may attend, if he or she so chooses.
Pursuant to the terms of 23 Pa. C.S.A. section 5309, each parent shall be entitled to
equal access to all medical records and information pertaining to the child, including, but not
limited to, the child's school, medical, dental, religious and other important records and the
residence address of the other parent.
2. The parties shall have shared physical custody of the child pursuant to the
following alternating weekly cycle provided father continues to reside in the greater Carlisle
area: the child shall begin week one by spending Sunday night and Monday night at Mother's
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house. Mother will drop child off at school or daycare on Tuesday morning. After school or
daycare on Tuesday, the child shall go to Father's house, where she shall spend Tuesday
night, Wednesday night and Thursday night. Father will drop child off at daycare on Friday
morning and shall return to Mother's house Friday after daycare. The child shall remain with
Mother until Sunday at 3:00 p.m., when the child will go with her father to commence week
two, with father exercising physical custody overnight on Sunday, Monday, Friday and
Saturday nights. On the ensuing Sunday at 3:00 p.m., week one will again commence and the
schedule will alternate bi-weekly thereafter.
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3. The party receiving custody in the exchange of the child shall be responsible to
pick the child up at the other party's residence or at such location as the child is present, as the
case may be.
4. The parties will keep each other advised immediately relative to any emergencies
concerning the child and shall further take any necessary steps to insure that the health and
well being of the child is protected.
5. The parties shall not do anything which may estrange the child from the other
parties, or injure the opinion of the child as to the other parties or which may hamper the free
and natural development of the child's love or affection for the other parties.
6. The parties are encouraged to deviate from this schedule when the best interests
of the child requires them to do so, however, in the absence of an agreement, the terms of this
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agreement shall be controlling.
7, Both parties agree to give the child mandatory nightly growth hormone, which is
presently "Genatropin" or any other medication subsequently prescribed by a physician to the
child.
WITNESS:
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] ,/ ark H. Bricker
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Date:
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_ . shley . B . ker
Date: ..J\.L/ -oj,
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RE EIVED MAR 29 200sY
V.
IN THE COURT OF COMM N PLEAS OF
CUMBERLAND COUNTY, ENNSYlVAN1A
NO. 2003 - 5236 CIVil TER
CIVil ACTION-LAW
IN DIVORCE
ASHLEY E. BRICKER,
Plaintiff
MARK H. BRICKER,
Defendant
ORDER OF COURT
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AND NOW, this .10~ day of March, 2005, upon consideratiqn of the ithin
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Stipulation, the following Custody Agreement is hereby adopted as ar Order f Court:
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1. The parties shall share legal custody of child, Kylee Eli4abeth Bicker,
born May 18, 1999. Shared legal custody means the right of both parents to ontrol and
to share in making decisions of importance in the life of their child. E~ch pare t shall
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have an equal right, to be exercised jointly with the other parent, to m~ke all ajor non-
emergency decisions affecting the child's general well-being, includin~, but no limited
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to, all decisions regarding their health, education and religion. The cUftodial p rent
shall inform the non-custodial parent immediately of all medical and dE\ntal
appointments and problems pertaining to the child. Each parent shall rotify th
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parent of any medical, dental, optical, counseling and other appointmerts of th child
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with health care providers, sufficiently in advance thereof so that the ot~er part may
attend, if he or she so chooses.
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Pursuant to the terms of 23 Pa. C.SA section 5309, each paren~ shall b entitled
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to equal access to all medical records and information pertaining to the ~hild, in uding,
but not limited to, the child's school, medical, dental, religious and other'!importa t
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records and the residence address of the other parent.
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2. The parties shall have shared physical custody of the.child pu suant to the
following alternating weekly cycle provided father continues to reside in the reater
Carlisle area: the child shall begin week one by spending Sunday night and onday
night at Mother's house. Mother will drop child off at school or daycf're on T esday
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morning. After school or daycare on Tuesday, the child shall go to ~ather's ouse,
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where she shall spend Tuesday night, Wednesday night and ThUrs1ay night. Father will
drop child off at school or daycare on Friday morning and shall retur~ to Mot er's house
Friday after daycare. The child shall remain with Mother until Sunday at 3:00 p.m.,
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when the child will go with her father to commence week two, with fa~her exer ising
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physical custody overnight on Sunday, Monday, Friday and Saturday\nights.
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ensuing Sunday at 3:00 p.m., week one will again commence and th~ schedu will
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alternate bi-weekly thereafter.
3. The party receiving custody in the exchange of the child Ishall be
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responsible to pick the child up at the other party's residence or at sudh locatio as the
child is present, as the case may be.
4. The parties will keep each other advised immediately rel~tive to a yemergencies
concerning the child and shall further take any necessary steps to insure that t e health and
well being of the child is protected.
5. The parties shall not do anything which may estrange the\child fro the other
parties, or injure the opinion of the child as to the other parties or whichlmay ha per the free
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and natural development of the child's love or affection for the other parjties.
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6. The parties are encouraged to deviate from this schedule whe the best interests
of the child requires them to do so, however, in the absence of an agreeme t, the terms of this
agreement shall be controlling
7. Both parties agree to give the child mandatory nightly Wowth h rmone, which is
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presently "Genatropin" or any other medication subsequently prescrIbed by physician to the
child.
tMfChael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
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'III )rtark H. Bricker
i 2 Eastwick Drive
II Carlisle, Pennsylvania 17013
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MARRIAGE SETTLEMENT AGREEMENT
D3 - .r-~;H. C~L L
THIS AGREEMENT, made this?)Di day of October, 2003, by and between M
BRICKER, of Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Husb
and ASHLEY E. BRICKER, of Carlisle, Cumberland County, Pennsylvania, (hereafter refe
as "Wife.")
WITNESSETH:
WHEREAS, Husband and Wife were married on April 12, 1997, in Carlisle, Cumbe land
County, Pennsylvania; and
WHEREAS, Husband and Wife have been living separate and apart from each other mce
June 10,2003;
WHEREAS, Husband and Wife are residents of the Commonwealth ofPennsylvani and
have been so for at least the past six (6) months; and
WHEREAS, certain diverse, unhappy differences have arisen between the Parties h reto
which have made them desirous of continuing to living separate and apart from one another; nd
WHEREAS, Husband and Wife desire to settle and determine certain oftheir marital ghts
and obligations, and make an equitable distribution of their marital property;
WHEREAS, there was one (I) child born of the marriage: KYLEE ELIZABETH BRIC R,
(hereinafter called "Kylee") born May 18, 1999; and
WHEREAS, it is the intention and purpose of this Agreementto set forth the respective ghts
and duties of the Parties while they continue to live apart from each other and to settle all fin cial
and property rights between them; and
WHEREAS, the Parties hereto have mutually entered into agreement for the division 0 their
jointly owned assets, the provisions for the liabilities they owe, and provisions for the resoluti n of
their mutual differences, after both have had full and ample opportunity to consult with heir
respective attorneys, and the Parties now wish to have that agreement reduced to writing.
NOW, THEREFORE, the Parties hereto in consideration ofthe mutually made and to b kept
promises set forth herein and for other good and valuable consideration, intending to be Ie ally
bound and to legally bind heirs, successors, assigns, and personal representatives, do h reby
covenant, promise and agree as follows:
MHB(ll tf~ AB .M
Page I of 11
ARTICLE I: SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart om
each other and to reside from time to time at such place or places as they shall deem fit free fro any
control, restrain, or interference, direct or indirect, by each other. Neither Party shall mole t the
other or compel or endeavor to compel the other to cohabit or dwell with him or her by any Ie alor
other proceedings. The foregoing provision shall not be taken to be an admission on the p of
either Husband or Wife of the lawfulness of the causes leading to them living separate and a art.
ARTICLE II: DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed band
between the Parties hereto and to each of the said Parties does hereby warrant and represent t the
other that the execution and delivery of this Agreement is not predicated upon nor made subj ct to
any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense 0 any
action for divorce; provided, however, that nothing contained in this Agreement shall preve t or
preclude either of the Parties hereto from commencing, instituting or prosecuting any action or a tion
for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent ther
Party from defending any such action which has been, may, or shall be instituted by the other arty,
or for making any just or proper defense thereto. It is warranted, covenanted, and represent d 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 Husban and
Wife to execute this Agreement. Husband and Wife each knowingly and understandingly h eby
waive any and all possible claims of this Agreement is, for any reason, illegal, or for any re son
whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each h eby
warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped om
asserting any illegality or unenforceabiIity as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision ofthis Agreement reI ting
to the equitable distribution of property ofthe Parties are accepted by each Party as a final settle ent
offor all purposes whatsoever. Should either of the Parties obtain a decree, judgment or ord r of
separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agree ent
hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way
by any such separation or divorce; and that nothing in any such decree, judgment, order or fu her
modification or revision thereof shall alter, amend or vary any term of this Agreement, wheth r or
not either or both ofthe 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 di rce
or separation.
MHBfJlJM. AB M
Page 2 of II
2.3
It is specifically agreed that a copy of this Agreement may be incorporated by referenc into
any divorce judgment or decree if or whenever sought by any ofthe Parties hereto. It is under tood
by the Parties that a divorce complaint will be filed by Wife in the Court of Common Pie s of
Cumberland County, Pennsylvania. Such incorporation, however, shall not be regarded a m rger,
it being the intent of the Parties to permit this Agreement to survive any such judgment or de ree.
ARTICLE ill: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The Parties have attempted to divide their marital property in a manner which confo s to
the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and takin into
account the following considerations: the length ofthe marriage; the prior marriages of the Pa ies;
the age, health, station, amount and sources of income, vocational skills, employability, e tate,
liabilities, and need for each of the Parties; the contribution of one Party to the education, tra ning
or increased earning power of the other Party; the opportunity of each Party for future acqui ition
of capital assets and income; the sources of income of both Parties, including, but not limit d to
medical, retirement, insurance or other benefits; the contribution of dissipation of each Party' the
acquisition, preservation, depreciation, or appreciation of marital property, including the contrib tion
of a Party as a homemaker; the value of the property set apart to each Party; the standard of I ving
of the Parties established during their marriage. Exhibit "A" attached hereto and by refe ence
incorporated herein and made a part hereof is a list of the Parties assets that they have divide
3.2
The division of existing marital property is not intended by the Parties to constitute i any
way a sale or exchange of assets and the division is being effected without the introduction of 0 side
funds or other property not constituting marital property. The division of property unde this
Agreement shall be in full satisfaction of all rights of equitable distribution ofthe Parties.
3.3
The Parties shall retain sole and exclusive right, title and possession of all personal pro erty
currently in their possession. Except as provided for herein, Husband shall make no laim
whatsoever for any personal property in Wife's possession. Additionally, except as provid for
herein, Wife shall make no claim whatsoever for any personal property in Husband's posses ion.
Should it be necessary for either Party to execute any documents to convey title to any such per onal
property in the other Party's possession, they shall do so within thirty (30) days of the executi n of
this Agreement or within thirty (30) days of the request from the opposing Party.
The Parties agree that the Edward Jones Account that is currently in Husband's name hall
remain the sole and exclusive property of Husband. Said Account has a balance of approxi tely
$25,506.91.
The Parties agree that their M & T Bank account, which had a date of separation bal e of
approximately $25,000.00, shall become the sole property of Husband.
MHB ll1!1a AB aI
Page 3 of 11
The Parties agree that their Members First account, which had a date of separation bala ce
of approximately $30,000.00, shall become the sole property of Wife.
3.4
Except as provided herein, Wife waives any right or interest she may have in Husba 's
employment benefits, including any retirement plan, stock option purchase plan, profit sharing Ian
or related matters. Except as provided herein, Husband waives any right or interest he may hav in
Wife's employment benefits, including any pension benefits, retirement plan, stock option pure ase
plan, profit sharing plan or related matters. As of the date of this Agreement, the Parties agree hat
their respective retirement account balances are approximately $5,000.00.
3.5
Husband and Wife agree to waive and relinquish any and all right that he or she may ow
have or hereafter acquire in any real or tangible personal property subsequently acquired by the 0 her
Party. Husband and Wife specificaUy agree to waive and relinquish any right in such property hat
may arise as a result of the marriage relationship.
3.6
Contemporaneously with the execution of this Agreement, Husband shaU transfer to ife
any and aU of Husband's right, title and interest in and to that parcel of real estate located t 3
Forgedale Drive, Carlisle, Cumberland County, Pennsylvania, heretofore owned by the Parti s as
tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages ofre ord
as ofthe date of conveyance, all of which shall thereafter become the sole and exclusive oblig tion
of Wife. Wife agrees to indemnify and hold Husband harmless from any claims regarding any 'ens
on said real estate.
ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE
4.1
The Parties herein acknowledge that by this Agreement they have respectively secure and
maintained a substantial and adequate fund with which to provide themselves sufficient reso rces
to provide for their comfort, maintenance, and support in the station of life in which the are
accustomed. Except as provided herein, Husband and Wife do hereby waive, release and gi e up
any rights they may respectively have against the other for alimony pendente lite, spousal sup ort,
or maintenance.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony that they
may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code.
ARTICLE V: DEBTS OF THE PARTIES
5.1
Each Party represents to the other that except as otherwise specifically set forth herein, here
are no major outstanding obligations of the Parties, that since the separation neither Party ha
contracted for any debts for which the other will be responsible and each Party indemnifies and olds
MHB tWl AB M
Page 4 of 11
harmless the other for all obligations separately incurred or assumed under this Agreement.
In the event either Party contracted for or incurred any debts since the d te of
separation, the Party who incurred said debt shall be responsible for the payment thereofreg less
of the name in which the account may have been charged. Husband and Wife acknowledg and
agree that they have no outstanding debts or obligations of the Husband and Wife incurred p or to
the signing of this Agreement.
5.2
Each Party relinquishes any right, title and interest he or she may have to any and all otor
vehicles currently in the possession of the other Party. Within thirty (30) days of the d te of
execution of this document, each Party shall execute the necessary documents to have said ve icles
properly registered in the other Party's name with the Pennsylvania Department of Transport tion.
It is the intention of the Parties that Wife's Buick shall be transferred solely to Wife.
It is the intention of the Parties that the 2000 Ford Taurus shall be transferred solly to
Husband. Husband agrees to refinance the current loan for the said vehicle with First
Commonwealth Bank so as to remove Wife from the loan. Husband will do so within thirt (30)
days of the date of this Agreement. Husband shall indemnify and hold Wife harmless from a and
all liability with regard to the said 2000 Ford Taurus and the First Commonwealth Bank loa
ARTICLE VI: CUSTODY OF KYLEE
6.1
The Parties agree to shared legal and physical custody of Kylee. Both Husband and Wife
shall be responsible for the day to day decisions when they have custody ofKylee. Neither Pa y has
the right to make a unilateral decision of the following major issues: Education; Medical trea ment
(other than emergency treatment); and General welfare. It is agreed between the Parties th t any
decisions on these issues will be made jointly.
6.2
Each Party agrees to keep the other apprized of any and all matters relating to Kylee's haIth,
education, welfare, and activities.
6.3
Wife shall have primary physical custody of Kylee, subject to such reasonable tern orary
custody and visitation rights of Husband.
MHB {fIIlD AB at
Page 5 of 11
6.4
The Parties agree on the following custody schedule for Kylee:
a. Weekends. On alternating weekends, Husband shall have custody ofKylee begi ng
at the end of Husband's work day on Friday afternoon until dinnertime on Sunday evening.
b. Weekday Evenings. Husband shall have custody of Kylee on two (2) wee day
evenings each week. Said custody shall begin at the end of Husband's workday and continue ntil
8:00 p.m.
c. Summer vacations. At Husband's sole discretion, Husband shall have custo yof
Kylee for a minimum of three (3) and a maximum of five (5) weeks during the child's su er
vacation from school. No more than two (2) of the weeks shall be consecutive. Husband hall
advise Wife by June 1 of each calendar year, as to which weeks Husband shall have custo yof
Kylee.
d. Holidays.
i) Thanksgiving-- The Parties agree to alternate custody of Kylee on an a ual
basis for Thanksgiving. Husband shall have custody of Kylee beginning after work 0 the
Wednesday before Thanksgiving Day, 2003 through 8:00 a.m. Friday immediately fter
Thanksgiving Day, 2003 (hereinafter "Thanksgiving") and on Thanksgiving every odd ear
thereafter. Wife shall have custody of Kylee on Thanksgiving, 2004 and on Thanksgiving ery
even year thereafter.
ii) Christmas-- The Parties agree to alternate custody ofKylee on an annual aS1S
for Christmas. Wife shall have custody ofKylee from 2:00 p.m. Christmas Eve, 2003 through :00
p.m. on Christmas Day, 2003 (hereinafter "Christmas") and on Christmas every odd year there fter.
Husband shall have custody of Kylee on Christmas, 2004 and on Christmas every even ear
thereafter. Husband and Wife shall have any travel plans regarding Christmas arranged by Dece ber
5 of each year.
iii) Other holidays.
a) The Parties hereto agree that they will cooperate and be as flexib e as
possible with regard to custody ofKylee for any holiday or extended vacation period. In the e ent
that any holiday discussed in this section or this Agreement falls on a weekend, the holiday sche ule
will take precedence over the normal custody schedule.
b) Wife shall have custody ofKylee every Mother's Day weekend om
Friday after work until 8:00 p.m. Mother's Day. Husband shall have custodyofKylee every Fat r's
Day weekend from Friday after work until 8:00 p.m. on Father's Day.
MHB mHi AB /1L,
Page 6 of 11
c) Husband and Wife shall discuss and agree on a custody schedu e for
Kylee at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. ther
holidays include, but are not limited to: New Year's Day, Easter, Memorial Day, July 4th, abor
Day, and New Year's Eve. Once a schedule is established for any particular holiday, custo yof
Kylee shall alternate between Husband and Wife every year according to that same schedule.
d) It is the intent of the Parties that transportation of Kylee be
parents for all purposes, but especially custody purposes, shall be as flexible and accommodati
possible. It is recognized that transportation will obviouslybe dependent upon each Parties' per
circumstances and employment.
6.5
The Parties hereby agree that Wife shall carry Kylee on her health insurance coverage as ong
as the child is eligible.
6.6
Beginning with the tax year that ends December 31,2003, the Party having primary cus ody
of Kylee shall claim Kylee as a Dependent for Income Tax purposes.
ARTICLE VII: MISCELLANEOUS PROVISIONS
7.1
The Parties hereto have retained independent legal counselor have had the opportunity t do
so and have voluntarily declined to retain counsel. The provisions ofthis Agreement and their 1 gal
effect have been fully explained to the Parties by their respective counselor the Parties have wa ved
their right to have legal advice regarding the meaning and implication of this Agreement. he
Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, hat
it is being entered into freely and voluntarily, after having received such advice and with ch
knowledge that execution ofthis Agreement is not the result of any duress or undue influence nd
that it is not the result of any collusion or improper or illegal agreement or agreements. ife
acknowledges that Michael J. Hanft, Esquire, of Hanft & Knight, p.e. represents Husband and as
provided her with no advice, legal or otherwise, in this matter or with regard to this Agreem nt.
Wife consents to Michael J. Hanft, Esquire representing Husband. Wife is represented by Mic ael
A. Scherer, Esquire.
7.2
Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the
other and the estate of the other, for all times to come and for all purposes whatsoever, of and m
any and all legal right, title and interest, or claims in or against the property of the other or aga nst
the estate of the other, of whatever nature and wheresoever situate, which he or she now has 0 at
any time hereafter may have against such other, the estate of such other, or any part thereof, whet er
arising out of any former acts, contracts, engagements, or liabilities of such other as byway of do er
or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, f: ily
MHB N1IiD AB ~
Page 7 of 11
exemption, or similar allowance, or under the intestate laws, or the right to take against the spo se' 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 0 (a)
Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other cou try,
or any rights which either Party may have or at any time hereafter have for past, present, or re
support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, wh her
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 Agree ent
or for the breach of any thereof. It is the intention of Husband and Wife to give to each othe by
execution of this Agreement a full, complete, and general release with respect to any and all prop rty
of any kind or nature, real or personal, not mixed, which the other now owns or may here fter
acquire, except and only except, all rights and agreements and obligations of whatsoever na re
arising or which may arise under this Agreement or for the breach of any thereof.
7.3
Each Party represents that since separation, they have not heretofore incurred or contra ted
for any debt or liability or obligation for which the estate ofthe other Party may be responsibl or
liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and old
the other Party harmless from and against any and all such debts, liabilities or obligations of e ch
of them, including those for necessities, except for the obligations arising out of this Agreem nt.
Husband and Wife each warrant, covenant, represent and agree that each will, now and at all ti es
hereafter, save harmless and keep the other indemnified from all debts, charges, and liabili ies
incurred by the other after the execution date of this Agreement, except as is otherwise specific lly
provided herein.
7.4
No waiver or modification of any of the terms of this Agreement shall be valid unles In
writing and signed by both Parties and no waiver of any breach hereof or default hereunder shal be
deemed a waiver of any subsequent default of the same or similar nature.
7.5
This Agreement shall be construed in accordance with the laws of the Commonwealt
Pennsylvania which are in effect as ofthe date of this Agreement.
7.6
This Agreement shall be binding and shall inure to the benefit ofthe Parties hereto and t ir
respective heirs, executors, administrators, successors and assigns.
7.7
This Agreement constitutes the entire understanding of the Parties and supersedes any d
all prior agreements and negotiations between them. There are no representations or warranties ot er
than those expressly set forth herein.
MHB1l!fJABM
Page 8 of 11
7.8
If any term, condition, clause, section, or provision of this Agreement shall be dete
or declared to be void or invalid in law or otherwise, then only that term, condition, cIa , or
provision shall be stricken from this Agreement, and in all other respects, this Agreement sh 11 be
valid and continue in full force, effect, and operation. Likewise, the failure of any Party to me this
or her obligation under anyone or more of the articles and sections herein shall in no way v d or
alter the remaining obligations of the Parties.
7.9
It is specifically understood and agreed that this Agreement constitutes an equi able
distribution of property, both real and personal, which was legally and beneficially acquire by
Husband and Wife, or either of them, during the marriage as contemplated by the Dom stic
Relations Code of the Commonwealth of Pennsylvania.
7.10
The Parties warrant and represent that they have made full disclosure of all assets prior t the
execution ofthis Agreement. Each Party represents and warrants that he or she has made a ful and
fair disclosure to the other of all of his or her personal property interests of any nature, includin any
mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any pro erty
is subject. Each Party further represents that he or she has made a full and fair disclosure of all bts
and obligations of any nature for which he or she is currently liable or may become liable. ach
further represents and warrants that he or she has not made any gifts or transfers for inadeq ate
consideration of Marital Property without the prior consent of the other. Each further warr nts,
represents, and declares that each is and has been fully and completely informed of and is fam liar
with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings nd
income of the other and that each has made a full and complete disclosure to the other of his an her
entire assets and liabilities and any further enumeration or statement thereof in this Agreeme t is
specifically waived. In addition to any provisions ofthis Agreement, a summary list of assets t be
retained by each party is attached hereto as Exhibit "AU.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint nd
separate State and Federal Tax Returns (including supporting documentation) filed by or on be alf
of either or both Parties during marriage.
7.11
In the event either Party to this Agreement shall breach any term, covenant or other obliga on
herein, the non-breaching Party shall be entitled, in addition to all other remedies available at aw
or in equity, to recover from the breaching Party all costs which the non-breaching Party may in ur,
including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce he
terms of this Agreement.
MHB /!1lffJ AB rJJ5
Page 9 of 11
.
:
7.12
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 this Agreement by either Husband or Wife u til
it shall have been fully satisfied and performed. The consideration for this Agreement is the
mutual benefits to be obtained by both of the Parties hereto and the covenants and agreement of
each of the Parties to the other. The adequacy of the consideration for all agreements herein
contained is stipulated, confessed, and admitted by the Parties, and the Parties intend to be Ie ally
bound hereby.
7.13
The Parties both agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the Parties will execute and file the consents necessary to obtain th
divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs a legal
fees of the Party who is seeking the divorce.
IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year
first above written.
WITNESSED BY:
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MRB Il1l& AB at
Page 10 of II
, .
.
EXHIBIT "A"
ASSETS TO BE RETAINED BY EACH PARTY
I. Assets to be retained by Mark H. Bricker:
a. Couch/love seat
b. Vacuum
c. 2 televisions
d. Radio
e. Digital camera
f. DVDNCR
g. I telephone
h. Glass table and chairs
I. Iron and ironing board
J. Old cookware
k. $2,400.00 cash to be paid by Ashley to Mark for difference in value of person
property retained
II. Assets to be retained by Ashley Bricker:
a. Members First Credit Union Account #49361BR
b. Members First Credit Union Account #230809BR
c. 2 sectional sofas
d. Dining room suit
e. WasherlDryer
f. Bed
g. Stove
h. Desk
I. Lawnmower
J. 2 tables/chairs
k. 3 televisions
1. VHS/Camcorder
m. Mini DVD
n. 2 telephones
o. Bar and stools
p. Tools
q. Dishes and silverware
r. Cookware
s. Outside furniture
MHB iM(J AB iJJi
Page 11 of 11
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ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLVAN A
v.
NO. 2003-5236 CIVIL TERM
MARK H. BRICKER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE C DE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code wa filed on
October 3,2003.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice.
4. I understand that I may lose rights concerning alimony, division of pro rty,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. I understand that I will not be divorced until a Divorce Decree is entere by the
Court and that a copy of the Decree will be sent to me immediately after it is filed wit the
Prothonotary.
6. I have been advised of the availability of marriage counseling and und rstand
that I may request that the court require counseling. I do not request that the court r quire
counseling.
I verify that the statements made in this affidavit are true and correct. I under tand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 490 relating
to unsworn falsification to authorities.
Date: " / - / () 6L(
{~1j, J~ ~iSkf hA ,
shley E. Bricker
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ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLVAN A
NO. 2003-5236 CIVIL TERM
v.
MARK H. BRICKER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENT Y
OF DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE C DE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code wa filed on
October 3, 2003.
2. An Acceptance of Service was signed on October 9, 2003.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of pro
lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a Divorce Decree is entere by the
Court and that a copy of the Decree will be sent to me immediately after it is filed wit the
Prothonotary.
7. I have been advised of the availability of marriage counseling and und rstand
that I may request that the court require counseling. I do not request that the court r quire
counseling.
I verify that the statements made in this affidavit are true and correct. I under tand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 490 relating
to unsworn falsification to authorities.
Date: 11-/2uL(
/7J~
/ Mark H. Bricker
;\
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---
-
ASHLEY E. BRICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV NIA
MARK H. BRICKER,
Defendant
CIVIL ACTION - LAW
-I(j , ,tJ '1'
NO. 5236 \~-lA..M...~ol G (; 2,)
: IN DIVORCE
Vs.
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for ntry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of th Divorce
Code.
2. Date and manner of service of the Complaint: Acceptance of Service
3. (complete either paragraph (a) or (b).)
A. Date of execution of the affidavit of consent required by Sectio 3301 (c)
of the Divorce Code: by Plaintiff on November 10, 2004; and Defendant on Nove ber 12,
2004.
B. (1) date of execution of the Plaintiffs Affidavit required by Sec on 3301 (d)
of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defenda t: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file prae ipe to
transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the ivorce
Code: None served as the parties signed the Waiver of Notice. (Defendant on a d Plaintiff
on ).
Respectfully submitted,
~
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Michael A. Scherer, Esquire
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IN THE COURT OF COMMON PLEA
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
ASHLEY E.
BRICKER
No.
2003- 5236
C VIL
Plaintiff
VERSUS
MARK H.
BRICKER
Defendant
DECREE IN
DIVORCE
AND NOW,
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~QoY , IT IS ORDERED AND
DECREED THAT
ASHLEY E.
, PLAINTIFF,
BRICKER
AND
MARK H.
, DEFENDAN ,
BRICKER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA
YET BEEN ENTERED;
HAVE
NOT
The parties' Marital Settlement Agreement dated, October
2003, is incorporated herein as a final order of court.
By THE COURT: / /
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PROTHONO ARY .
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