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Home My WebLink About08-4119WALTER BRAITHWAITE, Plaintiff V. CIVIL ACTION - LAW NO. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant IN DIVORCE NOTICE TO DEFEND SAIDIS, FLOWER & LINDSAY uw ATIVOWMAE, 26 West High Street Carlisle, PA 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, 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWERS-)-J%PSAY Carol J. Lind y, Esquire Attorney Id. 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff t l WALTER BRAITHWAITE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARIA DESLOSANGELOS NO y 9 c w` I ???~ OLIVER BERRAL BRAITHWAITE, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Walter Braithwaite, an adult individual, residing at 62 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania since September 2007. 2. The Defendant is Maria Deslosangelos Oliver Berral Braithwaite, an adult individual, residing at an unknown address in Allentown, Lehigh County, Pennsylvania since November 2007. 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 November 23, 1996 in Horsham, SAIDIS, LINDSAY 26 West High Street Carlisle, PA Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, F? QWER,&"ONQSAY j 5, Carol J. Lindsay.;' squire Attorney Id. 4 26 West High -Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER ? LINDSAY vuw MOM- 26 West High Street Carlisle, PA N' VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Walter Braithwaite Date: 119)01 FLOWER & LINDSAY eTrORNMAi uw 26 West High Street Carlisle, PA ., y WALTER BRAITHWAITE, Plaintiff V. MARIA DESLOSANGELOS OLIVEij;0ERRAL BRAITHWAITE, fendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4119 IN DIVORCE AFFIDAVIT 1, Robert W. Lindsay, Constable, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on 2008, at 6 15 P AM/PM, I served a Divorce Complaint, by hand delivering the document to Maria Deslosangelos Oliver Berral Braithwaite at C_?_vz aN 4 ? &O w I L •k 1:6-f , e? vt?c? c.c PA- who reports to me that her current mailing address is Lei l w 14 (GLk (-A-w , (-C ?P10 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsific?tie0.to Dated: -1/x3109 N Robert W. ' dsa , Constable P.O. Box 224 Shippensburg, PA 97257 Sworn to and subscri before me this r day of , 2008. f4Uj [!My ARBARA & 8?EA?? P*k arlisle Boar Cumberland Co . PA E fires lone 7, 20!! cd WALTER BRAITHWAITE, Plaintiff/Petitioner V. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLVANIA CIVIL ACTION - LAW NO. 2008-4119 CIVIL IN DIVORCE ,Y RELIEF - EXCLUSIV HOME AND REIMBURS 1. The parties hereto are Husband and Wife having been joined in marriage on November 23, 1996. 2. The parties separated in November 2007, when Respondent left the marital home and established a residence for her at 1818 West Highland Street, Allentown, Pennsylvania. 3. Respondent is represented by Jeffrey R. Boyd, Esquire of Boyd & Karver, 17 East Philadelphia Avenue, Boyertown, Pennsylvania 19512, although Mr. Boyd has not entered an appearance in the divorce. 4. Upon information and belief, Respondent is employed at an adult club and is involved with controlled substances. 5. For a couple of hours every three (3) weeks or so, Respondent has been SAMIS, LINDSAY nrtom.?vsnrtww 26 West High Street Carlisle, PA returning to the marital home to see the parties' child, Walter William Braithwaite, born December 19, 2000. Petitioner has permitted the return as a safer alternative to Respondent taking the child away from the Carlisle area. 6. When Petitioner returns to the marital home, however, she behaves in an erratic, violent way in front of the child; breaking items, screaming, causing the child to cry and causing the State Police to be called. 7. Specifically, on or about May 22, 2008, State Police were called and removed Respondent from the martial home. 8. On October 20, 2008, once again, Respondent came to the martial home to see the parties' child and, before the Petitioner returned home at 6:00 PM, had downloaded Petitioner's emails and forwarded them to her boyfriend. When Petitioner objected, she became argumentative, screamed at the parties' child that she "hates his guts", smashed a candle holder against the wall in the garage causing the parties' son to be upset, and to call his grandparents for help. Once again, the State Police were called. Before they arrived, Respondent fled the marital home. 9. Petitioner believes and therefore avers that he and his son require the peaceful and use of the home pending equitable distribution. 10. In early November 2008, Petitioner received a statement on his business basic checking account which account was opened subsequent to the parties' separation in November 2007. The statement revealed that on or about October 2, 2008, Respondent, while visiting in the marital home, accessed Petitioner's ATM card and use the information thereon to make several charges in the course of October 2008. The charges are highlighted in yellow on Exhibit "A", attached hereto, and include, on October 20, 2008, a payment to Respondent's attorney. 11. Immediately upon notice of the theft, Respondent had his business basic checking account ATM card and password changed, but not before Respondent had charged purchases of clothing totaling $1,376.05. 12. Petitioner avers that Respondent was absolutely not privileged to access his SAIDIS, FLOWER & LINDSAY A770SNEY -Aitww 26 West High Street Carlisle, PA business account and that such an access is a theft by deception. 13. The local police are unwilling to prosecute the case since the parties are engaged in divorce litigation, but Petitioner requests this Honorable Court to order the Respondent to reimburse him for the charges she made using his account information. 14. Counsel for Respondent disagrees with the Relief requested. 15. No Judge has been assigned to this case. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause as to why Petitioner should not have exclusive possession of the marital home and why Respondent should not be required to reimburse him in the amount of $1,345.75 for unauthorized use of his ATM card. Respectfully submitted, SAIDS, FLOWER &JINWY Carol J. Lind y, qL 26 West High Strot Carlisle, PA 13 (717) 243-6222 Attorney for Petitioner SA MILS, FLOWER & LINDSAY ATIURNEYS-AT uW 26 West High Street Carlisle, PA Business Basic Checlung &)Wt4 (PNCBANK For the period 10/01 /2008 to 10/31 /2008 For 24 hour account information, sign on to BENCHMARK ADVERTISING & DESIGN pnc.com/rnybusiness/ Primary account number: 51-1206-5098 Business Basic Checking Account number: 51-1206 5098 - continued Page 3 of 5 Check Card Purchases -continued Date Amount Transaction Reference posted description number 10;'08 23732 2307 Check Card Purchase Vzlvrlss-lvr Ve 800-922020-1 Ca 624129300791123972.62 10;'04 21.51 2397 Check Card Purchase Gulf Oil Cal 'lisle. PA 61211393oo79i12397282 10 08 12.4!1 2397 Check Card Purchase Wegmaus /1'15 Alechanics 62 11 193W79 112397282 10, 09 16.,` 6 2397 Cllr: ck Card Pitt chase _929-1) ravel Plaza Ephrata PA 59109930079112397283 10/09 131.08 2197 Check Card Purchase Chili's Gri11100011130 C.uiisle P.k 59-P)6930079 112397243 10;1,09 9. 11 23417 Check Card Purchase Snack Bar P.1-T11290038 Middletown P A.110593o079112397283 10,1"09 8.56 2397 Check Card Purchase Aloe's Southwest Grill ChamlICI-SbUr PA 591t)711300711123472.83 10/09 01.1;1) 2:3417 Check Carol Put chase Dllllkill #312393 Catlis 5'.)-10930079 112397263 10,%1O 17.31 234)7 Check Card Purchase Aloe's Southwest Grill C1h1n11betsbUr Pik 71150930079112397281 10/ 11 557.90 2397 Check Card Purchase Paihve 800-7757790 F 5,_111930079112397286 10/1 1 1169,92 "t)7 C hiCi .art °r in _... C l Pitt chase. Dish i?et1tio11:-Chte '1'inic 800-'33').?-I i .04063493007_ltl2_i97z8i 10/ 1 1 127.19 234)7 Check C,a d Purchase T1vs*Ai den B 377-2Shopab Ca 46391,13049112397288 10/ I'I 118.64 2397 (aleck (,atd Pitt chase Dutlhanls Sport s00001172 Cat lisle PA 1593993007911239728(; 10,/11 81.88 2397 Check Carol Purchase. Weis Markets 1195 Sh Carlisle PA 63390930079112397288 W/ 11 15.03 2397 Check Card Purchase BP Oil Carlisle PA 4638,13930079 1 1231j72,146 10,%1-1 -10.72 2397 (:heck C,ai d Purchase Classic Drvcleanets-Ca Carlisle PA +6389930079 1 1 2 39 7288 10; 11 25.06 2397 Check Card Purchase Sunoco Svc Strition IIarrishurg PA 1063593007?1112391287 W I 1 16.51 2397 (heck Caid Pin chase Wegmatls // 15 Mechanics 4594'2930079112397236 10/1 11 3.55 2197 (heck Card Purchase Sta11)11cks IIS,k 001024)21 CI 1) 1)1 r 11.400930079112397286 10/15 15199 2397 Check Card Purchase. Victoria Secret 800-8881500 011 76712930079112397289 10/15 128.95 2397 Check Card Purchase Asi*liebe cola-Phone 877-2323777 X VV 71 7 139300791 12 39 7269 10,,'l5 11 1.10 2397 Check Card Purchase Ballys Ac Motel and (,a A lawic Ci NJ 76715930076!112397289 10/15 32.75 2397 (aleck Card Put chase Ballys .1c F and B Atlantic Ci N1 76713930079112307269 101/15 26.66 2397 Check Card Purchase Stmoco Svc Station IIetshev PA 767103oo791123072.9 10/ 15 11.72 2197 C Beck Card Purchase Starbucks Ac-P10861508 Yardville. NJ 76711930079112397289 10;%16 -19.95 2397 Check Card Purchase Bliss Direct U S 888-2-1'38825 NY 70337930079 1 1239729m 10/16 28.80 2397 Chcck Card Purchase Ftietldh, Ice () ream Carlisle PA 70336'_113nu7t)112397290 10/17 12.29 2:397 Check Card Purchase Sheetz Carlisle PA 9329693k)079 11239729 1 10/17 19.08 2397 Check (,-,it (I Pill chase COliSC11111 1_nlci laitl111e111 Calllp I fill PA 93201;930079112397291 10,'20 250.00 9_397 Check Card Purchase Boyd & Kai ver Attorney Bove rtown PA 37347930071 I 123972,13 10/20 35.1)1) 2397 Check Card Plttchase Fitlishlilie Productions 5.31)-216118'3 Ca 598259300791123t17v1 10;20 21.17 2'397 Check Card Purchase 211 I Iappy Owl Of IIatri Alecha1&1,11n PA7318930079112397293 10/21 1'3 1" "'397 (.heck (,at d Pitt chase At bys 8029 Carlisle P 73982930079) 123(17295 10;/22 21.55 2`)'97 (:heck Card Purchase Pilot Carlisle PA 58 lo-193007i) 1 12397291; 10/22 12.99 2397 Check Card Purchase Alfredo Pizza&Ristoran Carlisle PA 58106!1300791123972[16 10,22 3.:55 2397 Check Cad Purchase Stai bucks USA 00027961 Lower Paxto PA8-105930079112397296 10123 -105.13 2397 Check Cart) Put chase Fedex%ICinko's #17:56 Ilariisbutg PA 5'319+930079112397297 10,23 122.95 2397 Check Card PtlrchasC Lfs'?LfaSh1ol15U1UlIC1l15 800-7552119 NJ 58195930079112397297 10/2 1 117.45 2397 Check Card Purchase Attractive Wear Net 818-3412600 Ca 70766930079112397298 10,112-1 38.78 2397 (:heck Card Put chase Redner's Quick Shop#30 Stevens PA 706593m)791 12397298 10/2 1 7.95 2197 Check Card Purchase Stai bucks I ISA 00115 134 IIm i isbin g P A7076 19300791123972,18 10/27 25.09 2`397 Check Card Purchase Chili's (?ri11300011130 Carlisle PA 20 16 8)10079 112397301 10;'27 13.:38 2397 Check Card Purchase Wegmans 1115 Mechanics 57o16930079112397300 10/29 115.00 2397 (:heck Card Purchase Bliss Direct U S 888-2.138825 NY 37727930079112397303 10/9-9 82,6 1 2:397 Check Card Put chase IIolidav IIair Carlisle ,17728930079112397303 10,, 29 28.55 2'397 Check Card Purchase Sheetz Nit I Lolly Sp PA 37721930079112397303 10/29 2 1.06 2'397 Check C<u d Put chase Smokey Bolles fork PA .3772693049 1 123073w ATM Withdrawals and Deductions continued on next page FORM953R-1005 D 2 v sv v n. CD n. c O• n O N b O O CD !y CD - - - - - - - - - - - - - - 55. Ut ?l .^i: ice; :J? A ? 'Jt ? rl- C,C• .- .?- ,.^. ;JD ."+: .?- ? r-. «r rp ': .Iw O •, r- •--. ? L ?+: rte' v ti N 1J 11"J PO N N I'D I? IQ IQ 1".0 1Q l"o 1"D 1Q N I v:+ w ` ...L J7 v? N r'.1 r1 (1 r1 I'1 r1 r1 P1 I.1 r'1 n n n r'1 r'1 r1 -?^..n, r; n, rp !5 r• !? r, Ti• ti !") r7 rp rJ rp rG n• ? j. n n n n n n n rn n n n n n n n n n r. r r r. r. r. 7r r. T' T. x' r r r. r T n ? !-? n n n n r? ('? n n n r? r? n n ti rC !? ti "t rJ rC rp r n rD It rG rt s n n ?- two ?? n ? ,-? cn v c? v x' (rr ^ v ,S C r - l ? y ? +"t n, _? rd rr7 V! rG rr r•p .. ? rG r ? r _ r IQ w - ? .. .vim «.N ? ? rD two -1 -T W -1 -1 -T Iv N hi Tv N lhi Iv r" N N lv N N ly, r r 1 ..r r ?1 r i ?t 1 -'r , r Iv i - >\. IJ 1.i ,v 1 1V N 1.7 Iv Jv N lv lur JJ !rl ? 7 WALTER BRAITHWAITE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLVANIA V. CIVIL ACTION - LAW NO. 2008-4119 CIVIL MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant/Respondent IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. WALTER BRAITHWAITE Date: SAMIS, FWNMR& LINDSAY .vmx*-YS-nruw 26 West High Street Carlisle, PA WALTER BRAITHWAITE, Plaintiff/Petitioner V. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLVANIA CIVIL ACTION - LAW NO. 2008-4119 CIVIL IN DIVORCE CERTIFICATE OF SERVICE SA )IS, LINDSAY AT'WVaY5•AT uw 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Jeffrey R. Boyd, Esquire Boyd & Karver 7 East Philadelphia Avenue Boyertown, PA 19512 Date: d ,0? Means of Service First Class Mail jr Date of Service Carol J. Lindsay, tai 26 West Hi Stre t Carlisle, PA 3 (717) 243-6222 Attorney for Petitioner 4 aC ?.'. kA.) WALTER BRAITHWAITE, Plaintiff/Petitioner SAMIS, FLOWER & LEND ATMWQN'S.AT taw 26 West High Street Carlisle, PA V. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant/Respondent 1 NOV 17 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLVANIA CIVIL ACTION - LAW NO. 2008-4119 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ?ay of K) O V , 200 , upon consideration of the within Petition a Rule is issued upon the Respondent to show cause why Petitioner should not enjoy exclusive possession of the marital home and why Respondent should not reimburse him for the charges placed on his ATM card in the amount of $1,376.05. Rule returnable at a hearing set for the day of 4Vgz 200 ir , in Courtroom No. _I at the Courthouse in Carlisle, Pennsylvania at 0 o'clock *_ M. cc: ? Carol J. Lindsay, Esquire Attorney for Petitioner Jeffrey R. Boyd, Esquire Attorney for Respondent (20f ti F S m? l?d? >- Io CNIJ - (U LIJ LU t! _ C C r N ?? WALTER BRAITHWAITE, Plaintiff V. MARIA DE LOS ANGELOS BERRAL OLIVER BRAITHWAITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLVANIA CIVIL ACTION - LAW NO. 2008-4119 CIVIL IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this 2 3"1 day of .Qce'AW , 2008, between WALTER BRAITHWAITE, of 62 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17015, hereinafter referred to as Husband, and MARIA DE LOS ANGELOS BERRAL OLIVER BRAITHWAITE, of 1818 West Highland Street, Allentown, Lehigh County, Pennsylvania 18104, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on November 23, 1996, in Horsham, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2008-4119, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor child, Walter William Braithwaite, born December 19, 2000, counsel fees and costs, and the settling of any and 1 all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. Husband shall then transmit the record to obtain the Decree in Divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 62 Chelsea Lane, Carlisle, Pennsylvania. Wife waives all her right, title and interest in the marital home and will execute a special warranty deed transferring to Husband all of her interest on the same day as she signs this Agreement. Said deed shall be held in escrow by Husband's attorney until such time as Husband has completed the payment of an obligation to Wife's parents as more particularly set out below. 2 Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify her from any loss thereon. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Approximately $32,000.00 owed to Wife's parents; ii. $1,000.00 owed by Wife to Husband; 1: Husband shall pay the obligation to Wife's parents by making monthly payments of $444.44 for a period of 72 months, commencing January 15, 2009 and continuing on the same day of each month until paid. This Agreement shall not be deemed a reaffirmation of debt already discharged by Husband pursuant the Bankruptcy Code. It will however be a debt of his estate in the event of Husband's death. 2: Wife will pay to Husband $1,000.00 within thirty (30) days of the date of this Agreement. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on November 1, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 3 C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (6) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Wife is driving a 2005 Buick LaCrosse encumbered by a lien in favor of M and T Bank. The vehicle is actually titled in the name of Husband's father and the loan is in his name. Wife will make all payments on account of the loan to purchase the Buick LaCrosse in a timely manner and, upon payment of the loan in full, Husband's father will execute the title transferring to Wife all of his interest in the 2005 Buick LaCrosse and any other documents necessary to have the vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. Wife will hold harmless and indemnify Husband and his father from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they will effect a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, so that each of them receives 50% of the value of those furnishings, and they mutually agree that each party shall from and after the date of that division shall be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as they may retain after the division set out herein. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the 4 name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) CUSTODY OF CHILD: The parties agree that legal custody of their minor child, Walter William Braithwaite, born December 19, 2008, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Husband shall have primary physical custody of the children subject to Wife's partial physical custody at the following times: (a) On alternating weekends from Friday at 6:00 PM until Sunday at 6:00 PM (b) On the alternating holidays of New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving, commencing in 2009 with Mother having custody of the child on New Year's Day. Time with the child on the holidays set out shall be from 9:00 AM until 8:00 PM; (c) On alternating Christmas holidays from noon on Christmas Eve until 8:00 PM on Christmas Day, commencing in 2009 when Mother will have custody over the Christmas holiday; (d) For one month without interruption during the summer during which time either party may travel out of the United States with the child so long as the other party agrees in writing. (e) Wife will provide transportation for all periods of partial custody. The terms of this Custody Agreement can be modified as the parties can agree and, in the event that they cannot agree, either party may seek modification through a Petition to the Court of Common Pleas of Cumberland County. The child's passport shall be kept by Father, but provided to Mother in the event that the child will be traveling overseas. 5 (9) CHILD SUPPORT: The parties hereby waive their right to child support understanding that such an agreement may be unenforceable by the courts. (10) ALIMONY: Husband will pay to Wife Three Hundred Dollars ($300.00) per month for a period of thirty (30) months commencing the first day of January, 2009 and continuing on the first day of each subsequent month. Said payment is made as assistance to Wife with her automobile payment and shall be taxable to her and deductible to Husband. Until the vehicle loan is paid off, Husband will make the $300. per month payment directly to the lender on Wife's behalf. Alimony will terminate upon the occurrence of one of the following: 1. The death of Wife; 2. The death of Husband; 3. The completion of the 30 month payments; or 4. In the event Wife becomes delinquent on her car payment by 45 days or more; or 5. In the event that Wife fails to pay to Husband the $1,000.00 owed to him according to the terms of paragraph (4) above. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over Husband. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, Wife will refund said overpayment to Husband 6 within ten days of receipt and notice of its payment in error. (11) 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. Husband is represented by Carol J. Lindsay, Esquire, and Wife has been advised that she may be represented by counsel of choice. Furthermore, Wife acknowledges and agrees that Husband's counsel, Carol J. Lindsay, Esquire, is not representing, and cannot represent, her interests and has prepared this Marital Settlemetn Agreement as directed by Husband. Each party acknowledges and accepts that this Agreement is, under 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 the 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent 7 of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, 8 maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection 9 with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) 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 cost 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. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 10 (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: LOA,- Walter Braithwaite it i bcL i Maria Des Lose Angelos Berr=al Oliver Braithwaite 11 --? ?,} _ ? ?f ?,.J ?? ;' ( --??+ \..V ?',.+'Iyy ?.JU' _ ...... _ '_ a.. i.? t C.AJ `?, WALTER BRAITHWAITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4119 MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed July 10, 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. 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. Date: Zl/? oq WJ-4,- ? Walter Braithwaite PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER-4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice FLOWER ? LENDSAY ATIOMNS-AMAW 26 West High Street Carlisle, PA 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. Date: I7 0 ?a-1 &&L- 1, Walter Braithwaite h.J _ C f- fC:3 ?'-?=( ?J _ ? r? ,{ t :l ?i 1 ? ? ! ?i.+lw+ _ F? f../.J --S,, l.? 1.' '? WALTER BRAITHWAITE, Plaintiff V. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4119 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed July 10, 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. 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. Date: 70 1?- Maria De Lo Angelos Berral Oliver Braithwaite DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAMIS, FLOWER & UNDSM -ATrO26 West High Street -CLAW Carlisle, PA 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. 1 Date: -2 Maria Los Angelos Berral Oliver Braithwaite 1 IN) taJ I c %y,l y WALTER BRAITHWAITE, Plaintiff V. MARIA DESLOSANGELOS OLIVER BERRAL BRAITHWAITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4119 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was service by constable on July 22, 2008. An Affidavit of Service was filed with the Court on July 23, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated December 23, 2008 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. SAIDIS, FLOWER & LENDSM 26 West High Street Carlisle, PA SAIDIS, F?tMER & SAY lei .r, Carol J'Lindsa=s W Supreme Cou ID N c). 44693 26 West High Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff fT7 F Walter Braithwaite V. Maria Deslosangelos Oliver Berral Braithwaite IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4119 DIVORCE DECREE AND NOW, re? 6 0 , it is ordered and decreed that Walter Braithwaite plaintiff, and Maria Deslosangelos Oliver Berral Braithwaite , 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 terms of the attached Marital Settlement Agreement, dated December 23, 2008, are incorporated but not merged into this Decree in Divorce. By the Court, '??°j? 60. 'or. coo WALTER BRAITHWAITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2008 - 4119 Civil Term S2 MARIA DE LOS ANGELOS : CIVIL ACTION - LAW ° , BERRAL OLIVER BRAITHWAITE : IN DIVORCE . c H' , Defendant PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEME NT'=° :_--- !::7 C i ri AND NOW COMES, the Petitioner/Defendant, Maria De Los Angelos Berr?l =- Oliver Braithwaite, by and through her Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Petitioner is Maria De Los Angelos Berral Oliver Braithwaite (hereinafter "Wife"), who currently lives at 1818 W. Highland Street, Allentown, Pennsylvania, 18104. 2. Respondent is Walter Braithwaite, who currently lives at 62 Chelsea Drive, Carlisle, Pennsylvania, 17013. 3. The parties were divorced pursuant to a Decree entered under the above- captioned number on February 24, 2009. 4. On December 23, 2008, the parties signed a marriage settlement agreement, which was filed under the above-captioned number, and which was incorporated and not merged into the Divorce Decree. 5. Under paragraph 4(A)(ii)(1), Husband was to pay an obligation to Wife's parents, by making monthly payments of $444.44 for a period of 72 months, commencing on January 15, 2009 and continuing on the same day of each month until paid. 6. Husband stopped making payments, and has failed to honor his obligations under this section. 7. The agreement also provides that in the event that either party breaches any provision of the agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement. 8. Husband also quit paying alimony as directed under the agreement, based on Wife's failure to make a lump sum payment of $1000.00 to him. 9. Wife was not represented when she signed the marriage settlement agreement. 10. Such provison was inequitable as Wife was not represented when she signed the agreement and she was not fully informed as to the ramifications of the agreement. 11. Wife is requesting the following: (a) That Husband be ordered to resume his payments of $444.44 per month, As he agreed under the property settlement agreement; (b) that Husband be ordered to pay Wife's attorney fees, due to his Breach of the agreement; (c)that Husband resume his payment of alimony to Wife. (d) any other relief deemed appropriate. WHEREFORE, Wife respectfully moves this Honorable Court for relief requested. oe,e By: J Adams, Esqu 7 South St. arlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Wife VERIFICATON I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. oate 6 ?7/// WALTER BRAITHWAITE, Plaintiff VS. MARIA DE LOS ANGELOS BERRAL OLIVER BRAITHWAITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4119 Civil Term CIVIL ACTION - LAW ?-, IN DIVORCE c , IZ ORDER OF COURT AND NOW, this 12., L Day of r ;C) L , 2011, upon consideration of Defendant's Petition to Enforce Marriage Settlement Agreement, A hearing hereon is scheduled for the d(oA day of 144? N .C" ) 2011, at 3;0 d P$P,/P.M in Courtroom No. L of the Cumberland County Courthouse in Carlisle, Pennsylvania. cc: ?Jane Adams, Esquire ? Walter Braithwaite, itw CpP?og HpO led r, ra:? r-D BY THE COURT: WALTER BRAITHWAITE, Plaintiff VS. MARIA DE LOS ANGELOS BERRAL OLIVER BRAITHWAITE, Defendant IN THE COURT OF COMMON PLFj4S CUMBERLAND COUNTY, PENN LVANIA1 , rna; No. 2008 - 4119 Civil Term z? --6 ter; CIVIL ACTION - LAW c co IN DIVORCE =rJ C STIPULATION OF THE PARTIES _< AND NOW, THIS 26th DAY OF SEPTEMBER, 2011, the parties agree as follows: 1. The parties agree to a modification of the marriage settlement agreement, which was filed under the above-captioned matter, and Plaintiff, Walter Braithwaite, hereby reaffirms his debt under section (4)A.(i) of the agreement, and agrees that he will pay Wife's parents, the modified remaining amount of $16,500.00, in payments of $300 per month, payable on the first day of each month, starting October 1, 2011, to be deposited into a checking account in their name, and continuing every month thereafter, until the sum of $16,500 is paid in full. All remedies provided under the prior marriage settlement agreement shall remain in full effect and force. 2. Defendant will pay Plaintiff the sum of $100 a month in child support, beginning October 1, 2011, for the support of the parties' minor child, Walter W. Braithwaite, born December 19, 2000. If voluntary payments are not made, Defendant's income may be attached through Domestic Relations. 3. This stipulation will be filed and entered as a court Order and the hearing scheduled before this Honorable Court for September 26th, 2011 may be cancelled. WITNESSETH Walter Braithwaite, Plaintiff aIa?,C[ i 4Witns Maria De Lo Angelos Berral Oliver Braithwaite, Defendant