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HomeMy WebLinkAbout08-2020G /,. MARK R. BREWER, Plaintiff V. TAMARA T. BREWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. DS - ;?6A1)CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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. CUMBERLAND COUNTY BAR ASSOCLA770N 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 2OM & NuTULAKIS Michelle L. Sommer, Esquire AttorneyLD. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MARK R. BREWER, Plaintiff V. TAMARA T. BREWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA C NO. Lt??lCIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Mark R. Brewer, who currently resides at 1204 Louisa Lane, Mechanicsburg Cumberland County, Pennsylvania. 2. Defendant is Tamara T. Brewer, who currently resides at 1239 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 4, 1997 at Mechanicsburg, Cumberland County, Pennsylvania. COUNT I rDIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, 5§ 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since February 28, 2008 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from October 4, 1997, until February 28, 2008, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WWEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DAB Respectfully submitted, ABOM & KUTULAKis, L.L.P. kAAA k%,,-c6 Michelle L. Sommer, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, MARK R. BREWER, verify that the statements made in this Divorce Complaint 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. Date JRK' R. BREWER AND NOW, this 31St day of March, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Tamara T. Brewer 1239 West Trindle Road Mechanicsburg, Pennsylvania 17055 Michelle L. Sommer, Esquire AND NOW, this 31St day of March, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Jennifer Spears, Esquire Martson Law Offices 10 East High Street Carlisle, Pennsylvania 17013 Attorney for Defendant Michelle L. Somm , squire ?! z, ? ? ? ? '?? b 9V '? -- p ? ?? ^, ? t c^C O 0, - ?? '-?,, ?o -- d = ?... -- ? ?, MARK R. BREWER V. TAMARA T. BREWER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2020 CIVIL ACTION - LAW IN DIVORCE ACCEPTA CE OF SERVICE AND NOW, this ? day of 2008, I, Jennifer Spears, Esq., hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, TAMARA T. BREWER, and I further certify that I am authorized to do so. l 6? DATE Respectfully submitted, MARTSON LAW OFFICES Carlisle, Pennsylvania 17013 (717) 243-3341 Attorne or Defe ant ID # ennif r ears, Esquire 10 East igh Street k C s o °' O 7CT [ cn A5 1 FS 12/3012009 10:48 7172493344 ?OM ?' UTULA.KIS Michelle L. Sommer, Esquire Attorney 1. 3, #: 93034 2 West Nigh Street Carlisle, PA 17013 (717) 249-0900 MARK R. BREWER, Plaintiff V. TAMARA T. BREWER, Defendant ABOM&KUTULAKIS PAGE 04104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 08-2020 CIVIL ACTION - LAW IN DIVORCE 1. A. Complaint in Divorce under §3301(c) & (d) of the Divorce Code was filed on March 31, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in. this affidavit are true and correct- I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswo.rn falsification to authorities. Date: rP ?? ,lon? r TAMARA T. BREWER, Defendant Y ?4 -NT i, R 2009 DEC 30 4 i L:- 1 12/30/2009 10:48 7172493344 ABOM&KUTULAKIS PAGE 03/04 - ABOM & tffULAKIS Miahelle L. Sommer. Zsquirn Attorney l.0, A 93034 2 West High Street Carlisle. PA 170.13 (7717) 249.0900 MARK R. BREWER, Plaintiff V. TAMARA T. BREWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Phi NO. 08-2020 CIVIL ACTION - LAW IN DIVORCE _ , TLCE OF INT'?NT?2N?0 R_F?LTE?T' FN'I'RY O? pIVD$CE DECBFF c2zn"d ?) OF'I'?-tE-DIVORCE CODS 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I vcri..£yy that the statcm=ts made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa_C.S. §4904 relating to unsworn falsification to authorities. Date: 3- f oo v TAMARA')['. BREV ER, Defendant I ? flf 1009 DEC , 0 CUf r? _? OM & K? ULAKIS Michelle L. Sommer, Esquire AttorneyLD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK R. BREWER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. TAMARA T. BREWER, Defendant NO. 08-2020 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under §3301(c) & (d) of the Divorce Code was filed on March 31, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l 3v /U Q H 4 Qv 2009 DEC u ? ? ; c v Alom & xuTUi.nicis Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK R. BREWER, Plaintiff V. TAMARA T. BREWER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2020 CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / 7v (? R. BREWER, Plaintiff FILED THr .. AA p 2009 DEC %30 F'r L . 15 UtVi , . I THIS AGREEMENT, made thi&6`k,4 day of December, 2009, by and between TAMARA T. BREWER, (hereinafter referred to as "Wife") and MARK R. BREWER, (hereinafter referred to as "Husband"): ARTICLE 1 1.01 SMA Rion of P diec Differences have arisen between the parties as a result of which they have been living separate and apart since February 28, 2008, with Husband residing at 1204 Louisa Lane, Mechanicsburg, Pennsylvania and Wife residing at 1239 West Trindle Road, Mechanicsburg, Pennsylvania. 1.02 Intention to T ivP Anart The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II 2.01 Enuitabl . Dictrihntion of M?.a+ LD The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Sec. 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: The length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 2.02 F,nfor ..ability and Cnncicleratinn 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 terns of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 A gr .rnnt Not Predicat nd On D» vorre It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any action.which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 The parties hereby acknowledge that they executed an Prenuptial Agreement dated October 3, 1997 and the terms of that Agreement are incorporated herein by reference. ARTICLE III 3.01 F.gnitablP l?ivicinn of RPaI FStatP The parties agree that, prior to marriage, Wife was the sole owner of real estate which is situated at 1239 West Trindle Road, Mechanicsburg, Pennsylvania. Husband hereby waives any rights, title and interest he may have acquired in said real estate during the course of the marriage including, but not limited to any increase in the value of said real estate situated at 1239 West Trindle Road, Mechanicsburg, Pennsylvania. ARTICLE IV 4.01 Ennitahle Division of PPTSOn 1 Pron (a) The parties agree that the personal property has been divided in a manner satisfactory to both parties. (b) The parties agree that title to property remaining in the hands of each party is in that party, and that neither will make a claim against the other for any item now in the possession of the other. ARTICLE V 5.01 Wife and Husband hereby waive any further or future claims which either of them may now have or may hereafter have against the other with regard to any further equitable distribution of marital property, or for any claim of spousal support or alimony, alimony pendente lite, counsel fees and expenses, pensions or for any other form of consideration which either party might hereafter make claim, specifically and completely waiving any rights which either of them may have under the Pennsylvania Divorce Code, effective July 1, 1980. ARTICLE VI 6.01 General R 1 asP of All Claims- Each party hereto releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 6.02 SnhSC =nent Divnrr Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all the terms of this Agreement. 6.03 Waiver of F.ctatP Claim Except as otherwise herein provided, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other party's estate in cases of intestacy; (c) to act as executor or administrator of the other party's estate; and (d) the right to alimony, support, alimony pendente lite, attorney's fees, and equitable distribution. 6.04 No T)ehts and Indemnificatinn Each party represents and warrants to the other that he or she will not incur any debts, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action, or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligations, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not wellfounded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. 6.05 Full nisclnsnr Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. 6.06 Right to Live Sen rately and Fr from Interference Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 6.07 Agreement Vnlnnt= and Clearly Understood Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel, or having been advised of his right to such counsel; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 6.08 Default If either party fails in the due performance of any of his or her marital obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party to exercise this election. 6.09 Amendment or Modification This Agreement may be amended or modified only by a written instrument signed by both parties. 6.10 Successors nd AsSignc This Agreement, except as otherwise expressly provided herein, will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. 6.11 Law Governing A e?fm+ This Agreement will be governed by, and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: EWER (SEAL) Z19RhWER <r TI TAPY 1u990EC'0 IN, °. 19 iC) T? OM & Ku i ULAKIS Michelle L. Sommer, Esquire Attorneyl.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK R. BREWER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2020 TAMARA T. BREWER, CIVIL ACTION - LAW Defendant IN DIVORCE P FC'IPF TOTRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. April 1, 2008, Acceptance of Service signed by Jennifer Spears, Esquire, Counsel for Defendant at that time. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. December 30, 2009 by Plaintiff b. December 30, 2009 by Defendant 4. Related claims pending: a. Attached Marital Settlement Agreement fully executed: i. December 30, 2009 by Plaintiff ii. December 30, 2009 by Defendant 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. December 30, 2009 by Plaintiff b. December 30, 2009 by Defendant Respectfully submitted, DATE 12 { y ABOM & KUTUL4Krs,L.L.P f , Michelle L. Sommer, squire Supreme Court ID #93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff DEL f : d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK R. BREWER V. TAMARA T. BREWER NO. 08-2020 DIVORCE DECREE AND NOW, be-c6t,bcj 3t, it is ordered and decreed that MARK R. BREWER plaintiff, and TAMARA T. BREWER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Property Settlement & Separation Agreement dated December 30, 2009, is incorporated but not merged By the Court,