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HomeMy WebLinkAbout09-2800 MICHELE L. BRANDT, PLAINTIFF V. TODD E. BRANDT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. OR - 0'1800 a-q4Te-rm 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 (717) 240-6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 Association 32 S. Bedford Street Carlisle, PA 17103 (717) 240-6195 MICHELE L. BRANDT, PLAINTIFF v. TODD E. BRANDT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0 qi . Pvv ?cv:J( COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Michele L. Brandt, is an adult individual who currently resides at 15 East 1St Street, Boiling Springs, Pennsylvania 17007. 2. Defendant, Todd E. Brandt is an adult individual who currently resides at 45 Carlton Avenue, Carlisle, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on February 17, 1995, in Mt. Holly Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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 Counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Michele L. Brandt, urges this Honorable Court to enter a Decree of Divorce. Respectfully sub j NEAL%LA By:_ James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: ?c /? VERIFICATION I, MICHELE L. BRANDT, 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. C.S.A. 4904 relating to unsworn falsification to authorities. JAI MIC ELE L. BRANDT Dated: , 47,,01 OF THE y 2009 MIA 1 -4 P, 7 ?.l 4 3W. So Pfd A-" or* 510( W aay (#c.co MICHELE L. BRANDT PLAINTIFF V. TODD E. BRANDT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • CR- mo NO. 09 Re -Civil Term Divorce Action PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the complaint in the above captioned matter. Respectfully subm Date: NEALON LAW F By: James G. Neaion, III I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 " t % X009 J . k..l? ? i, w b $Io •oo Po AT'h4 &*# 514q RTO, aagt toy MICHELE L. BRANDY, PLAINTIFF v. TODD E. BRANDY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO~U,'N~T/Y_, PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT ii add q THIS AGREEMENT, made this ~ day of ~iti.t ~ , ~.~8'8~by and between MICHELE L. BRANDY (hereinafter called "Wife") a d TODD E. BRANDY (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on February 17, 1995; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shalF , not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone. 5. MEMBERS 1ST LOAN. Husband obtained a loan with Members 1St Federal Credit Union. Wife has guaranteed the loan. Husband agrees to be solely responsible for the loan and agrees to timely make all future loan payments. Husband agrees to indemnify and safe harmless Wife from any loss she may sustain, including attorney's fees, as a result of any default in payment by Husband. 6. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property The following property shall become the sole and exclusive property of the Husband: All right, title and interest in the Chevrolet pickup truck. Husband shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. 2. All right, title and interest in the 1998 Nissan Sentra. Husband shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. 3. All right, title and interest in any of Husband's checking, savings, retirement, 401(k), 403 (b), or other accounts in his name. B. Wife's Property The following property shall become the sole and exclusive property of Wife; All right, title and interest in the 2005 Nissan X-terra. Wife shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. Husband will sign any and all documents necessary to transfer ownership of the vehicle to Wife. 2. All right, title and interest in any of Wife's checking, savings retirement, 401(k), 403 (b), or other accounts in her name. C. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 7. INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes 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 or 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 cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. 8. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action. between the parties 9. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 10. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 11. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint instituted by Wife docketed in the Court of Common Pleas of Cumberland County, Pennsylvania. 12. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 13. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by the respectively. The parties recognize that James G. Nealon, III, Esquire is acting solely as attorney for Wife. Husband acknowledges that he has received no legal advice from James G. Nealon, III, Esquire. 15. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect. this mutual waiver and relinquishment of all such interest, rights and claims. 16. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 18. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver car any subsequent default of the same or similar nature. 19. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 20. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future t• laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness MIC ELE L. BRANDY fitness D E. BRANDY 19 f` i. e'4t' f ... MICHELE L. BRANDY IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA ~(j!J C ° o c`.. ~ v, ~ NO.09-;'9S'S-~'ivil Term -~, ; ; -~ ;,~ TODD E. BRANDY, :Divorce Action ~; ~ ~~;: -- ~ ~ r'~' DEFENDANT ~ ` ' c. ; ~' ~. AFFIDAVIT OF CONSENT ~~ ~~ ~-' ~;' ~ 20 and was filed on~a d C Di f h 1 1. A complaint in divorce under § y o e vorce t e (c) o 330 reinstated on June 24, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date. of fling and service ~f'*he Complai^.*_. I consent to the entry of a final decree of divorce after, service of notice of intention to request entry of the decree. 1 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.A § 4904 ting to orn falsification to authorities. DATE: r/ ' ~O Todd E. randt MICHELE L. BRANDY PLAINTIFF v. TODD E. BRANDY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . ~'Gri NO.09-2~R8'8=eivil Term Divorce Action WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OE' A 1)IV(IKCE DEi:RjE:E UNllER ~ 3301(c) AND & 3301(d) OF THE DIVORCE CODE 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. 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. [understand that false statements herein are made subject to the penalties of l 8 Pa.C.S.A ~ 4904 re ing to sworn falsification to authorities. DATE: ~ ~ _ ~~ Todd E randt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michele L. Brandt . V. Todd E. Brandt NO. 09-2800-CV DIVORCE DECREE AND NOW, ~ c ~~, ~o ~ ~ t ~ , it is ordered and decreed that Michele L. Brandt ,plaintiff, and Todd E. Brandt ,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.") By the Court, west: J. 7 Prothonotary ~-( ~ ~ ~ b ~,e,,~--~ : c..,o~ rn~:~1e.~ 1-[ -~7 - l O Il) obi c~ ma ~ ~~ -~o -Eo ANA ~Uea\on V C1L~-F-~.