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HomeMy WebLinkAbout09-6055 CYNTHIA BROUGH, Plaintiff V. CHARLES BROUGH, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 4 CYNTHIA BROUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O SS Civil Term CHARLES BROUGH, : CIVIL ACTION LAW Defendant : DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Cynthia Brough, a competent adult individual, who has resided at 10 Terri Drive, Carlisle, Cumberland County, Pennsylvania, 17015, since June 1, 2009. 2. Defendant is Charles Brough, a competent adult individual, who resides at 120 Sycamore Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 24, 2007 in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11._ Paragraphs 1 - 10 are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY PENDENTE LITE 14. Paragraphs 1 - 13. are herein incorporated by reference. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself adequately through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Plaintiff has a need for assistance with her living expenses and legal expenses during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. Respectfully submitted, Date: C( I ' , ® 1 ya Adams, Esquire v No. 79465 est South Street sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: C r yn a Brough. Plainti OF Tif' 2009 SEP -4 Pik f : 4 6 0-46", coluary +PENtNtYNAW zG 0 l wdd., Corti-? 4/ OL ck P ?-C) / r CYNTHIA BROUGH, Plaintiff V. CHARLES BROUGH, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term CIVIL ACTION - LAW DIVORCE ORDER OF COURT day of , 2009, upon consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before the day of , 2009, at o'clock m. for a Conference, after which the hearing officer may recommend that an order for Alimony Pendente Lite be ordered. You are further ordered to bring to the conference: 1. A true copy of your most recent Federal Income Tax return, including W-2's as filed. 2. Your pay stubs for the preceding six (6) months. 3. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) 4. Verification of child care expenses. 5. Proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT, By_ Conference Officer 94 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 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ' CYNTHIA BROUGH, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (y 9-(655- CHARLES BROUGH, : CIVIL ACTION - LAW Defendant : DIVORCE PETITION FOR ALIMONY PENDENTE LITE Civil Term 1. Petitioner, Cynthia Brough, is a competent adult individual, who resides 10 Terri Drive, Carlisle, Cumberland County, Pa., 17015. 2. Petitioner's date of birth is March 14, 1970 and her social security number will be provided to Domestic Relations in a separate document. 3. Respondent, Charles Brough, is a competent adult individual, whose address is 120 Sycamore Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 4. Respondent's date of birth is October 2, 1969 and his social security number will be provided to Domestic Relations in a separate document. 5. A Divorce Complaint which included counts for Divorce, Equitable Distribution, and Alimony Pendente Lite was filed under the above-captioned docket number contemporaneously with this petition. WHEREFORE, Petitioner requests that the Court Order alimony pendente lite. Respectfully submitted, Date: q-1. Oq ,Yn Adams, Esquire I.D No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER CYNTHIA BROUGH VERIFICATION I verify that the statements made in this PETITION 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: q - I ' ?)9 /10,7164 -* A?,?5;74 IA BROUG , PLAIN FF PFD OF 71MOTHDOTARY 2009 SEP -4 PM 1: 47 LLWiT *Lil, e r , l t>DJtl i lNSXLVAN A co fi? ? ? CINDY BROUGH, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHARLES BROUGH, Defendant NO. 09 - 6055 Civil Term CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and correct copy of NOTICE TO DEFEND, DIVORCE COMPLAINT, AND ALIMONY PETITION in the above-captioned matter upon the following individual(s) by first class mail, return receipt requested, postage prepaid, addressed as follows: Charles Brough 120 Sycamore Drive Mount Holly Springs, Pa. 17065 DEFENDANT ttwn 44*wh id y, Y !? s Print yw ner+?e 4waddres0640010"M 30 tw wo ctrn "CoRdInm is P"saby t.I • AittWh dft cod to to hack al," tl6r pi ow, or an tta?*at f spans pan 1. ATUde AddneeeC to aaliko t). r ag it Y. W t OL S Ca rn c fir. MI. I C)U . K Do* d boo" 4 - Z a-.04 added WOW. © No 14. F410im Id-l" a Arlsdelnber 7038 1830 0003 5941 9509 arft0 *W iii 11. Auvw 2001. Dam om Aftm F41 osint DATED: q a Jane Adams, Esquire 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff 17PPOTt MT RY 1099 OCT - i PM 2: U 4 CUt,?? .t JU BOUNTY P NNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ' PENNSYLVANIA C ~ ~~ ,~ Plaintiff Vs File No. ~ -I ~ ~p~ S . IN DIVORCE efendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of ~ Q KeS ,and gives this written notice avowing his /her intention pursuant to the provisions o 54 P.S. 704. Date: I b ~o~' ~~ ^ Signature 'gnature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (!uml~r-Uina~ ) _ aoi o On the ~ day of (x,+ , ~.9C!_, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or otary Pu is 1*y~ 1~t~M~,r~~lt ~'iL~d~-t?FFiGE ~~ ~"~~ ~~'~ ~~f~~hQT~~Y LAID OCR' 22 AM I I ~ ?C ~~ ~~ ~ a ~~ M,~f DnM+e~r~,wkn+eiNe+"1 Ilrt~d~b tM0iw1~ 7aFi ~ noyw`maw~ ~ y CYNTHIA BROUGH, V. CHARLES BROUGH, IN THE COURT OF C Plaintiff,', !.,. : C.UMbERLAND COU Defendant NO. 09 - 6055 ACTION IN DIVORCE THIS AGREEMENT, made this 0- day of 001 2010, by and between, CYNTHIA BROUGH, (hereinafter referre Carlisle, Cumberland County, Pennsylvania, 17013 and CHARL (hereinafter referred to as "Husband") , of Mount Holly Springs, Pennsylvania; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Cumberland County, Pennsylvania, and; WHEREAS, there were no children born of this marriage; WHEREAS, disputes and difficulties have arisen between intention of Husband and Wife to live separate and apart, and th their respective financial property rights and obligations as betwE including the settling of all matters between them relating to own distribution of real and personal property; the settling of all matte relating to the past, present, and future support, alimony, and/or Husband or Wife; and in general, the settling of any and all poss against the other or against their respective estates; ?MMON PLEAS TY, PENNSYLVANIA ivil Term to as "Wife"), of 3 BROUGH, timberland County, ovember 24, 2007, in the parties and it is the parties desire to settle en each other, ?rship and equitable ,s between them maintenance of ble claims by one NOWTHEREFORE, Husband and Wife, in consideration) of the mutual promises, covenants and undertakings hereinafter set forth and or other good and valuable consideration, receipt of which is hereby acknowledged and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering' into this Page 1 CB Ct., CB 1. agreement. Each party agrees that he or she shall not, at any fL defense, or otherwise, the lack of such disclosure in any legal pr agreement, with the exception of disclosure that may have been In the event that either panty, at any time hereafter, discovers su undisclosed asset, that party shall have the right to petition the ( of Cumberland County to imake equitable distribution of such as, party shall be responsible for payment of counsel fees, costs, or the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The WIFE has employed a counsel of JANE ADAMS, ESQUIRE, as her attorney. The HU represented and does not have an attorney. Each party has c read this agreement and has been advised and is completely a contents but of its legal effect. Husband and Wife acknowledc not a result of collusion, improper or illegal agreements. ure time, raise as a ceedings involving this Fraudulently withheld. h a fraudulently )urt of Common Pleas ?t. The non-disclosing expenses incurred by had the benefit or 3AND is self sfully and completely are not only of its that this agreement is Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein oil property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby ackno, filed a Complaint in Cumberland County, Pennsylvania, claiming irretrievably broken under the no-fault mutual consent provision the Pennsylvania Divorce Code. The parties express their agree is irretrievably broken and express their intent to execute any an documents necessary for the parties to obtain an absolute divor( 3301(c) of the Divorce Code. The parties hereby waive all right; Ordered Counseling, under the Divorce Code. The provisions of to equitable distribution of property of the parties are accepted b settlement for all purposes whatsoever, as contemplated by the Code. Should a decree, judgment, or order of separation or divo either of'the parties in this or any other state, country or jurisdicti hereby consents and agrees that this Agreement and all of its cc affected in any way by any such separation or divorce; and that r decree, judgment, order, or further modification or revision there vary any term of this Agreement, whether or not either or both of remarry. It is specifically agreed that a copy of this Agreement o provisions thereof, may be incorporated by reference into any di) Page 2 ledge that Wife has hat the marriage is Section' 3301(c) of nent that the marriage all affidavits or other pursuant to Section to request Court pis Agreement relating each party as a final ennsylvania Divorce ce be obtained by n, each of the parties tenants shall not be othing in any such f shall alter, amend, or the parties shall the substance of the crce, judgment, or CBQ CB 1 decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment nd to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is execute by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be define as the date of execution by the party lash executing this Agreement. All provi ions of this agreement shall be effectuated by the parties within thirty (30) days of the a ecution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than asl provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to sh are in the property or the estate of the other as a result of the marital relationship, incl ding without' limitation, statutory allowance, widow's allowance, right of intestacy, right t o take against the will of the other, and right to act as administrator or executor in the o ther's estate.: Each will at the request of the other, execute, acknowledge, and deliver a lly and all instruments which may be necessary or advisable to carry into effect this mu ual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party a rees to indemnify or hold harmless from the other and against all future obligations o, every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility, and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own ersonal responsibility and therefore agrees to completely and finally pay on the ollowing debts and obligations. Page 3 0- CB i CB Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in an way a sale or exchange of assets, and the division is being effected without th introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which' have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divor a and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for !protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an mount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with eceipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided'in this, Agreement, Wife agrees that all of the property of Husband or in his possess',ion shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife o in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, i any, he or she may have with` respect to the above items which shall become the sol and separate property of the other. 11. VEHICLES. With respect to these items, owned by o e or both of the parties, they agree as follows: Each party will retain the respective vehicles in their possession. ]Page 4 CB ?1 CB The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely respons ble for the amounts presently due and owing against his or her respective automobiles. 12. REAL ESTATE. Husband and Wife hold title to a property known as 120 Sycamore Drive, Mount Holly Springs, Pennsylvania, 17065. This property was purchased before the parties' marriage but is titled in both name Regarding this property, the parties agree as follows: (a) Husband shall retain sole and exclusive possessic and Wife hereby waives any and all right, title and inte property, in favor of Husband. In consideration of Wii title and interest, Husband shall pay Wife the su f of $8,000.00 shall be paid within ten (10)?s*f ni An additional $2,000.00 maybe paid in 1 011 receives his tax refund. Husband shall pay the remain by de97*A:M 20'11. i:.v K' 7 (b) As of the date of separation, and without regard to items are incurred, received or due, HUSBAND shall b for all past, present, and future costs or liabilities ass' attributable to maintaining the residence (except as pi including but not limited to, all real estate taxes, water gas, electric, and telephone service, homeowner's ins gardening expenses and repairs, and HUSBAND shall successors, assigns, heirs, executors, and administra held harmless from any liability, cost or expense, inch which are incurredh in connection with such maintenar expense. lr-6U (c)Within months of this agreement, Husband assume the mortgage obligation on the marital home, his name alone and release Wife from said mortgage c ?,? home -r+r l=apse. 1vt;p e_ obb- On or before the set'rlement d Ate for the sale, assump" (or as the mortgage company requires), Wife shall sig thereby, transferring all her right, title and interest, in home, to Husband.Husband shall be responsible for with the preparation and filing of the Deed, and refinai Page 5 O\ - FV n of this property, rest, in and to the waiving all right, 10,000.00.` The sum ig this agreement. Fter Husband ing $2000.00 when bills for such solely responsible ciated with or wided herein), and sewer rents, Trance, and keep WIFE and her :ors indemnified and ding attorney's fees, ce, costs, and hail refinance or lave the loan put in bligation. If he ion on the marital h 00-e. ?s SO/W-) S ac s?? on or refinancing, and release a Deed, id to the marital ill costs associated -*?XeS cing costs. A17CY / bCB B O ?F -toss [-l" e> 91 el 0 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. waive any and all rights they have in and to each other's emplo but not limited to both parties IRA's, 401(k)'s, stock savings pla retirement plans and Incentive Savings Plans. The parties agr( claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL specifically provided herein, each party hereby waives any right alimony, or alimony pendente lite, counsel fees and costs, and E responsible for his or her own legal fees and expenses. The p acknowledge that by this Agreement, they have respectively sec substantial and adequate fund with which to provide for themsel resources to provide for their comfort, maintenance, and suppor which' they are accustomed. 15. TAXES. The parties have previously filed joint State returns. The parties intend on filing separately from this point fo property pursuant to this Agreement are transfers between Husk to their divorce and as such are non-taxable, with no gain or los; transferee's basis in the property shall be the adjusted basis of t immediately before the transfer. The transfers herein are a divis for full and adequate consiideration and as such will not result in The parties agree to nent benefits, including pensions, and never to assume any -EES. Other than as spousal support, ich party agrees to be rties herein fired and maintained a es sufficient financial in the station of life to ind Federal Tax nrard. The transfers of find and Wife incident recognized. The e transferor Dn of marital property my gift tax liability. The parties agree that the regarding any division of joint accounts, such accounts shall be divided so that cost basis, adjusted basis, holding perio ; and potential tax recapture liability of all such investments are divided equally. 16. RECONCILIATION; WAIVER OR MODIFICATION T BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid u less in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parti s stating that this Agreement is null and void. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents tha the other party may reasonably require for the lourpose of giving full force and effect t the provisions of this Agreement. ]Page 6 CB CB 18. APPLICABLE LAW. The Agreement shall be cons, rued in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as maybe necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall rE effect unless and until terminated under and pursuant to the terr The failure of either party to insist upon strict performance of an, this Agreement shall in no way affect the right of suchparty here same, nor shall the waiver of any default or breach of any provis as a waiver of any subsequent default or breach of the same or it be construed as a waiver or strict performance of any other ob 22. SEVERABILITY. If any term, condition, clause, or pr Agreement shall be determined or declared to be void or invalid then only that term, condition, clause, or provisions shall be stric Agreement; and in all other respects, this Agreement shall be va force, effect, and operation. Likewise, the failure of any party to obligations under any one or more of the paragraphs herein, witf• satisfaction of the conditions precedent, shall in no way`avoidor obligations of the parties. main in full force and is of this Agreement. of the provisions of after to enforce the on hereof by construed >imilar nature, not shall igations herein. vision of this n law or otherwise, ;en from this id and continue in full -neet his or her the exception of the alter the remaining 23. 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 for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this ag ,eement. 24. INFORMED AND VOLUNTARY EXECUTION. Each acknowledges that he or she is fully informed as to the facts rela matter of this agreement, is entering into this agreement volunta undue influence, coercion or duress of any kind, has given caref of this agreement, has carefully read each provision of this agre( completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set 'the day and year first above written: Page 7 )arty to this agreement ng to the subject ly, free from fraud, I thought to the making ,rent, and fully and r hands and seals CB CB WITNESS: rough, (Wife ?s ?v Date: COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of 2010, before me, the undersigned officer, personally appeared CYNTHIA BROUGH, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the withi instrument, and acknowledged that he/she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and o icial seal. Witness Page 8 Notary Public My commission expires SEAL CH3J Date: BRO GH, Husband. 120 hu0 CB ? CB ,w A COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND 1 On this, the ` day of , 2010, before me, the undersigned officer, personally appeared CHARLES BROUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ry Public My commission expires 194-0-11 SEAL COMMONV EAUTH CE PENNSYLVdANiA uteri Seal Julie M. , N t?+ Public C iiisie Bares, Cimb?as?d County My rn is si E it 6, 2J! 1 Member, Pei syNnia Assedat€on of Notaries Page 9 ( B CB ty ? ? r ? a f a>1 CYNTHIA BRO Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 6055 Civil Term CHARLES BROUGH, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code as filed on September 4, 2009. 1 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false sttatements herein are made subject to the penalties of 18 Pa.C.S. 4904, rela ing to unsworn falsification to authorities. Date: !! /., ° r Brough, Pla WAIVER OF NOTICE OF INTENTION EQUEST ENTRY OF A DIVORCE DECI UNDER 63301 (c) AND 63301 (d) OF 1. I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of ?roperty, 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 thata 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 rela ing to unsworn falsification to authorities. Date: / -- P],_ - /0 Brough, 0!' CYNTHIA BROUGHT- IN THE COURT OF CI Plair?tiff ;CUMBERLAND COUP V. : NO. 00 - 6055 CHARLES BROUGH, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code w 2009. MON PLEAS , PENNSYLVANIA ivil Term filed on September 4, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of no ice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. tl also understand that false sttatements herein are made subject to the penalties of 18 Pa.C.S. 4904; relati g to unsworn falsification to authorities. 4, Date: ChgAs Brough, Defendant ' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE )ER _§3301(c) AND 43301(d) OF THE DIVORCE Ct 1. 1 consent to entry of a final decree of divorce without notice. o? 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904-Felatir g to unsworn falsification to authorities. Date: Brough, Defendant FiLE01-13FF ICE :. 1 -1 °I `'- 0 90110:..,nor 20113 0V 10 Ply 12: L5 CYNTHIA BROUGH, : IN THE COURT & Plaintiff : CUMBERLAND COUP =?11VANIA V. : NO. 09 - 6055 Civil Term CHARLES BROUGH, : CIVIL ACTION - LAW Defendant : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, restricted delivery, return receipt signed on September 14, 2009, filed on October 1, 2009. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: November 2. 2010 By Defendant: October 28. 2010 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 4. 2010 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 4. 2010 Respectfully submitted, Date: ll? /lo Adams, Esquire No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CYNTHIA BROUGH, V. CHARLES BROUGH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 6055 Civil Term DIVORCE DECREE AND NOW, ?e?-11G , ?DG b it is ordered and decreed that CYNTHIA BROUGH, plaintiff, and CHARLES BROUGH bonds of matrimony. defendant, are divorced from the 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.") None; the marriage settlement agreement which was filed on November 4, 2010 is incorporated and not merged into this Decree. By the Court, Attest: J. n ! t ? ?' /o G'am' e'` o Aa-? 4 4& Q60-0