HomeMy WebLinkAbout01-0069PATRICIA L. MARBAIN POWERS,
PLAINTIFF
BRANDON C. POWERS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
NOTICE TO DF, FEND AND CI,AIM 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
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 of business before the
Court.
PATRICIA L. MARBA1N POWERS,
PLAiNTIFF
BRANDON C. POWERS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Oi--
CIVIL ACTION - DIVORCE
COMPI,AINT UNDER SECTION 3301 (c) OR 3301 (d)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Patricia L. Marbain Powers, by her attorneys, SMIGEL,
ANDERSON & SACKS, and represents as follows:
COUNT I
DIVORCE UNDER SF~CTION 3301 (c) OR 3301 (d)
OF THE DIVORCE CODE
1. Plaintiffis Patricia L. Marbain Powers, who currently resides at 118 Manor Drive, Dillsburg,
York County, Pennsylvania, and has resided there since on or about October, 2000.
2. Plaintiffs Social Security No. is 211-62-1767.
3. Defendant is Brandon C. Powers, who currently resides at 851 Kiehl Drive, Lemoyne,
Cumberland County, Permsylvania, and has resided there since on or about December, 2000.
4. Defendant's Social Security No. is 178-50-7089.
5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on October 31, 1998, at Mechanicsburg,
Cumberland County, Pennsylvania.
7. There have been no prior actions of divorce or for annulment between the parties.
8. The marriage is irretrievably broken.
9. 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.
10. Plaintiff avers that there are no children of the parties under the age of 18.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
COI~NT 1I
DIVORCE UNDER 3t01(a)(6) OF THE DIVORCE CODE
11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are
incorporated by reference herein.
12. Defendant has offered such indignities to Plaintiff, the irmocent and injured spouse, as to
render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section
3301(a)(6) of the Divome Code.
COIJNT 11I
EQI I'ITABI,E DISTRI[IIJTION
13. Plaintiff repeats and realleges the averments of paragraphs 1 through 12 which are
incorporated by reference herein.
14. Plaintiff and Defendant possess various items of both real and personal marital property
which is subject to equitable distribution by this Court.
2
WHEREFORE, Plaintiffrequests this Court to equitably distribute the marital property after an
inventory and appraisement has been filed by the parties.
COUNT IV
AIJMON¥ UNDER SECTION '~701 OF THE DIVORCE CODE
15. Plaintiff repeats and realleges the averments of paragraphs 1 through 14 which are
incorporated by reference herein.
16. Plaintiffrequires support to adequately maintain herself in accordance with the standard of
living established during the marriage.
WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to
Section 3701 of the Divorce Code.
COUNT V
AI,IMONY PENDENTE I,ITE~ COIINSEI, EEES~ COSTS AND
EXPENSES UNDER SECTION 3702
17. Plaintiff repeats and realleges the averments of paragraphs 1 through 16 which are
incorporated by reference herein.
18. Plaintiff has no adequate means of support for herself during the course of this litigation.
19. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to
this action.
20. Plaintiff has no health insurance other than that presently available to her through
Defendant's employment.
WHEREFORE, Plaintiff requests the Court to award her alimony pendente lite, counsel fees,
costs and expenses.
. COUNT Vl
EXCI,USIVE POSSESSION OF THE MARITAl, HOME
UNDER SECTION 3502(c)
21. Plaintiffrepeats and realleges the averments of paragraphs 1 through 20 which are
incorporated by reference herein.
22. Plaintiff requests the Court to order that she be entitled to exclusive use of the family home
on both an interim and permanent basis.
WHEREFORE, Plaintiff requests the Court to award her exclusive use and possession of the
marital home pursuant to Section 3502(c) of the Divome Code.
Date:
SMIGEL, ANDERSON & SACKS
LeRoy Smigel, Esquire ID #09617
2917 North Front Street
Harrisburg, PA 17110-1260
(717) 234-2401
Attorneys for Plaintiff
VERIFICATION
I verify that the statements contained in the foregoing document are true and correct to the best of
my knowledge, information and belief. I understand that false statements therein are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unswom f.a. ls/ficat~
Date: /
o>~>
z~r-
PATRICIA L. MARBAIN POWERS,
PLAINTIFF
BRANDON C. POWERS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-69 CIVIL TERM
: CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, LeRoy Smigel, Esquire, attorney for Plaintiffin the above-captioned matter, do hereby
certify that I served a true m~d correct copy of the Complaint in Divorce on the Defendant by
depositing same in the U.S. Mail, postage prepaid for first class mail, certified, restricted
delivery, and return receipt requested, addressed as follows:
BRANDON C. POWERS
851 KIEHL DRIVE
LEMOYNE, PA 17043
Defendant signed for said Complaint on January 5, 2001, as evidenced by the return
receipt card attached hereto.
SM1GEL, ANDERSON/&/~C..K!
By: LeR~7
2917 North Front Street
Harrisburg, PA 17110-1260
(717) 234-2401
Attorneys for Plaintiff
· ~ ~tems 1, 2, and 3. Also complete
IMi~4 I~ Restricted Delivery is desired.
· I~yeur name and address on the reverse
eo ~ ~/e can return the oa~ to you.
· ~ ~lis card to the I~ack of the maiJpiece,
1. A~IM~ A~lressed to:
D.
2. ~I$~ ~ (e~py ~m ~,~ ~ /
PS Fo~m 3811, July 1999 Domestic RetUrn Receipt
1
3. Service Type
XCer~lfied M~II ~
i-t Registered r-I Return Receipt f~'
I-I Insu~cl Mait [~ C.O.D.
/LRS/vlf//AFFD OF CONSEN~Septembe~' 26, 2001 10:32 AM
PATRICIA L. MAR.BAIN POWERS,
PLAINTIFF
V.
BRANDON C. POWERS,
DEFENDANT
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. 01-69 CIVIL TERM
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
2001.
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 3,
2. The man'iage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce alter service of notice of intention
to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Date:
PATRICIA L. MARBAIN POWERS
PLAINTIFF
PATRICIA L. MARBAIN POWERS,
PLAINTIFF
V.
BRANDON C. POWERS,
DEFENDANT
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PA
NO. 01-69 CIVIL TERM
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (e) 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 concern/rig alimony, division of property, lawyer's fees
or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true mad correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date:
PLAINTIFF
~m~~ J:~ ~¢~ IL
ATTORNEYS AT LAW
PATRICIA L. MAR,BAIN POW[!RS,
PLAINTIFF
V.
BRANDON C. POWERS~
DEFENDANT
IN THE COUR'F OF COMMONS PLEAS
( I, MBERLAND COUNq'~. PA
NO. 01-69 CIVIl. 1ERM
CI\ IL ACTION DIVORCE
AFFIDAVIT OF CONSENT
2O0 I.
A Comphfinl m Divorce undcF 53301 (c oFd~e Divorce Code was filed on January 3,
Tl~c marriage oF Plaintiffand Defcndan~ is irrcuic; ably broken and ninety (90) days
have clapsed from thc datc of filing and scrvicc oF thc Compkfinl.
3. l consent to thc entry ora final Dccrce oF Divorce after sc~ ice oFnotice of intention
to recH~est enu7 of thc decree.
I vcli(V that thc statements made in this AFfidavit arc N'uc and co~vcct. I understand that
Ih/se statements herein arc made subject to thc penalties oF 18 Pa.C.S. ~4904 relating Io LlllSWOnl
falsification to authorities.
BRANDON C. POWERS, DEFENDANI
PA'FRICIA I~. MARBAIN POWERS.
PLAINTIFF
V.
BRANDON C. POWERS,
DEFENDAN'I'
: IN Tlll£ COt/RI OF COMMONS PI-[iAS
: CUMBERI,,'\ND COL:NT¥,
NO. 01-09 ClVll~ TERM
: CiVil, ACTION - DIVORCE
WAIVER OE NOTICE OF INTENTION TO REQUEST
EN~FRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE I)I¥ORCE CODE
I I co]sepal lo the enlry ora linal decree el'divorce without notice.
I tmdersland that I may lose rigbls col~ccmmg alimony, division ol'propt?rl?.' lax~vcr's J'ccs
of expenses ifil do t~ot claim tbem bcli)rc a divorce is grained.
I understand that I will Hot be divorced tmti[ ii divorce dccrcc is emoted l-,x thc ('oul-t :.md
that a copy el'the decree will be sent to me immediately after it is lilect with the Prolhollotary.
I vcril'y that the statements made ill this Al'lidavit ~ire truc and correct. I tmderstaHd that false
stalcmcnts herein arc ~nadc subject to thc pc]allies o1' 18 Pa.C.S. 5¢cction 4904 rclatin!~ lo unsx~orn
falsification to authorities.
BRANDON C. POWERS, DEFE!NDANT
HARRISBurg, PENNSYLVANIa 17110 ~2~3
PATRICIA I.. MARBAIN POWERS,
PLAINI'IFF
V
BRANDON C. POWERS,
DEFENDANT
IN TIIE ('OUR'I Ok( 'UM V]IDN.b PLLAb
C{ IM IBERLAND COt JNT'rL PA
NO. 014)9 CIVIL TERM
CIVIL ACT[ON DIVOR('E
NOTICE OF E1.ECTJON rFO RETAKE MALDEN NAME
Notice is hereby given that thc PlamtilTin file above malter, having been granted
a lq]mi decree m divorce fi-om ti~c bonds of'matrimony on October 10, 2001, he]'cby elects
to retake and hereafter use her maiden mmic of' Marbain, and gives this written iloticc
avowing her intention in accordance with thc provisions oCthc Act of May 25, 1939,
P.L. ~92, as ainended. ;
PA~TR1CIA L. POWEP, S
ATRICIA L. MARBAIN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
'I da), ()i' 'r'" ,2002, before me, a notary public,
personally appeared Patricia L. M~a,bam, also khown as Patricia L. Powers, and kno~x n to
mc to be the person whesc name is subscribed to the within document, and acknm~ ledged
thai she executed the tbregoing for the purposes thereto contained.
IN WITNESS WIIEREOF, I have hereunto set my hmad and official seal.
Notar) Pub[lc ) ~ )
My Commission Expires:
No~i~ S~l
Vic~ L. Ft~, No~ Public
Hardsburg Dauph n ~un~
My Comm~on E~[res O~. 5, 2~2
Mem~r, ~nnsyl~n~ A~ti~ of No~r~es
PATRICIA L. MARBAIN POWERS,
PLAINTIFF
V.
BRANDON C. POWERS,
DEFENDANT
IN TIlE COURT OF COMMONS PI.EAS
CUMBER1,AND COUNTY, PA
NO 01-69 CIVIL TERM
CIVIL ACTION DIVORCE
ILR A}; f I PEI'O 33~125S~M IT R ECOJ~D
TO THE PROTHONOTARY:
I'ransmi! tile record, togelhcr with the t'o[Iowmg infimnation, lo the Courl lbr entry of~ diw)rce decree:
1. Ground fin' diw>rc¢: Irretrievable breakdown under ~3301(c) of the Divorce Cod~.
2. l)alcandmannerofscrviceofthe('omplamt: January S~ 2001, by certified mail, rclumrecclpl
requested, restricted delivery. Certificate of Ser~ ice filcd on January 10. 2001.
3. (a) Dateofcxecutionof/heAffidavitofConsenlrequiredby~3301(c)oftheDiw~rce('ode: by
Pkuntifl~on September 26, 2001 and by Defendant on September 28, 2()01.
4. Related claims pending: NONE
5. Complete either (a) or (b).
Date PlatntifPs Waiver ot'Notice in §3301 (c) Divorce was flied with Ill,: lh'othonntary:
(b)
()clobcr 4, 2001.
()ctober 4, 200 I.
Date: October 4, 2001
Dale Dcl'endant's Waiver ot'Noticc in ~t301(c) Divorce was filed v, ith die l)rolhonotaLv:
SMIGEL, ANDERSON & SACKS
By:
LcRoy Smigel. Esquire Il) #09617
2917 North Front Street
Harrisborg, PA 17110-1260
(717) 234-2401
Attorney fi)r Plaintiff'
MARRIAGE SETTLEMENT AGREEMENT
by and between
PATRICIA LYNN MARBAIN POWERS
and
BRANDON CHRISTOPHER POWERS
INDEX
1. Divorce and Separation
2. Division of Property
A. Husband's Property
B. Wife's Property
3. Retirement Accounts/IRAs
4. Taxes
5. Additional Documentation
6. Transfers Subject to Existing Liens
7. Representations and Warranties
8~ Equitable Distribution
9, Relinquishment of Pdghts
10. After-Acquired Property
l 1. Debts
12. Liabilities
13. Counsel Fees, Costs and Expenses
14. Alimony/Spousal Support
15. Full Disclosure
16. Election to Retake Maiden Name
17. Releases
18. Indemnification
19. General Provisions
20. Fair and Equitable Contents
21. Breach
22. Execution of Documents
23. Modification
24. Severability
25. Applicable Law
26. Agreement not to be Merged
Attachment
Schedule A -Personal Property to be retained by Husband
Page
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this dayof ~:)-~ I[:1.~. ,2001, by and
between PATRICIA LYNN MARBAIN POWERS ("Wife") - A N D - BRANDON
CHRISTOPHER POWERS ("Husband"), at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on October 31, 1998,
at Mechanicsburg, Cumberland County, Pennsylvania.
WHEREAS, there were no children bom of this marriage.
WHEREAS, diverse un_happy differences, disputes and difficulties have arisen bet~veen the
parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distr/bution of real and personal property; and in
general, the settling of any and all claims and possible claims by one against the other or against their
respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with hhn or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on Ihe
part of either Husband or Wife of the lawfulness or unlawfuluess of the causes leading to their living
apart,
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket No. 01-69 Civil Term. The parties agree that they will
execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry ora Divorce Decree
in the aforementioned matter ninety (90) days after service of the Divorce Complaint. Thereafter,
counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree.
2. Division of Proper.t),. Husband and Wife agree that the following constitutes an
equitable distribution of the marital property.
A. l-lnsband~s Propertjz. The following property shall become the sole and
exclusive property of Husband:
(1) His personal property, which is listed in Schedule "A", attached
hereto and incorporated by reference herein.
(2) Jewelry purchased by Wife.
(3) Clothing.
(4) Wedding gift funds ($6,400.00).
B. Wife's Property. The following property shall become the sole and
exclusive property of Wife:
(1) The home and lot situate at 118 Manor Drive in Dillsburg, PA
17019, subject to all existing liens and obligations. Simultaneously with the
execution of this Agreement, Husband shall execute a Deed transferring all of his
right, title and interest in the property to Wife. Wife agrees to assume
responsibility for the payment of the unpaid balance on the mortgage and agrees
to hold Husband free and harmless from any and all liability. Wife shall take all
steps necessary within thirty (30) days from the date df this Agreement to have
Husband released as an obligor fi.om the Note and Mortgage dated October 6,
2000 which the parties signed in favor of mortgagee. Wife shall also provide
Husband with evidence of Husband's release from said Note and Mortgage,
(2) All furnishings except those items listed in Schedule "A" which is
attached hereto and incorporated by reference herein.
(3) The business known as The Consignment Gallery, Inc., shall be
Wife's sole and exclusive property. Husband waives all right, title and interest in
The Consignment Gallery, Inc.
C, Husband and Wife hereby acknowledge that they have divided, to their
mutual satisfaction, all of their marital and non-marital assets, including, but without
limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions,
brokerage accounts, stocks, bonds, life insurance policies or other securities, individual
retirement accounts, 401 (k), employment benefits, checking and saving accounts, mutual
funds and other assets, whether real, personal or mixed, tangible or intangible.
3. Retirement Accounts / IRAs. It is hereby agreed that Husband and Wife shall
retain their respective I/LAs.
4. T_axes. 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 any 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 expeuse 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 of his or her separate income on the aforesaid joint returns.
$. Additional Documentation, The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
6. Transfer~ Snbject to E~cisting Liens. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
7. Representations and Warranties. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
8, Equitable Division. By this Agreement the parties have intended to effect an equitable
division of theirjointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other property not
4
constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
9. Relinqui*bment oLRighls. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
10. After-Acquired Properly. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with fnll power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were
unmarried.
11, Debt~. Both parties warrant and represent that as of the date of this Agreement they have
not incurred, and in the future will not incur, any debt or liability for which the other or the estate of the
other might be responsible. Wife hereby agrees to be responsible for payment of all debts in her name
and Husband hereby agrees to be responsible for payment of all debts in his name. The party who is
responsible for the debt shall indenmify and hold harmless the other party from any claim or demand,
including costs, expenses and attorney's fees.
12. liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harm/ess and keep the other or his or her estate indemnified
5
and save ham~less from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save harmless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their
marriage,
14. Alimony / Spm~sal Snpport. In exchange for and in consideration of the promises and
representations made hereunder, Husband and Wife hereby waive and release any and all right, title,
interest, claims or demand of whatsoever nature, which he or she now has or hereafter can, shall or may
have against the other or the respective separate property of the other under the laws of the
Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the
nature of spousal support, separate maintenance or support, alimony, either pendent¢ lite, temporary,
rehabilitative, permanent or lump sum and fight to seek equitable or community distfibution or division
or assignment of property or similar marital rights.
15. Fnll Disclosure, The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar with
and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
16. I~lection to Retake Former Name. Wife may file an election to retake her former name
upon entry of the final Decree of Divorce.
17. Re2eas_e~. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
do~ver or claim in the nature of dower, widow's fights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. JLnde~. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
7
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation
threatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
19. General Provisions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all pr/or agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations. 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, and that execution of this agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
21. Breach. It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other
legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any
8
services rendered by the non-defaulting party's attorney in any action or proceeding to compel
performance hereunder.
22. F,,xecutlon of Doeument~. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
23. Modification. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto,
24. Severability. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
25. Applicable l,aw, This Agreement shall be construed under the laws of the
Commonwealth of Permsylvania.
26. Agreement Not tn be Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract, Such remedies in law or equity are specifically not waived or
released.
9
IN WITNESS ~,VHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
PATRIC~A LYNN MARBAIN POWERS
10
COMSlON~,VEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF "~)~ ,° ~ i/~ :
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, PATRICIA LYNN MARBAIN POWERS, who being duly sworn according to law deposes and
says that she is a party of the foregoing Agreement and she executed stone for the purposes therein
contained.
Witness my hand and seal this ~-h,q¢'''~ day of ,~J,~.~;3~.~ ,2001.
My Commission Expires:
No/ar/al Seal
V/cfry L. Rtz, Notary Public
Harrl~urg Dauph n County
My Comml~sl6n Expires Dec. 5, 2002
Member, F~nnsylvan~a Asa~cia/km of Nolarfe~
COMMONWEALTH OF PENNSYLVANIA :
', : $S.
COUNTY OF ~ :
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, BRANDON CHRISTOPHER POWERS, who being duly sworn according to law deposes and
says that he is a party of the foregoing Agreement and he executed same for the purposes therein
contained.
Witness myhandandsealthis ~-~'~]}_.' day of ~.)b~.~ ,2001.
My Commission Expires:
ll
NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummetstown,County of Dauphin
My Commission Expirea Feb. g, 2004
SCHEDULEA
3 pcs. union glass stemware
1 original wedding band
3 cashmere sweaters
1 Braun mixer
1 tweed outer shirt
1 felt field hat
1 pr. linen shorts
2 turtlenecks
1 plaid wool hunting jacket
3 Ralph Lauren flannel shirts
1 Polo shirt, red
1 Polo towel
1 box of toiletries
1 Seiko diving watch
1 Franklin Planner system
! Nautica raincoat
1 pr. Timberland shoes
1 Banana Republic suede jacket
1 Polo baseball cap
I madras shirt
2 nylon rain jackets
1 hunting vest
I Dickinson sweatshirt
1 pr. tan cotton shorts
2 bathing suits
3 pr. jogging pants
1 pr. jogging shorts
1 Christian Dior scarf
1 fraternity teeshirt
2 Get Rich Quick VCR tapes
1 box of finance books
1 box of cookbooks
1 bottle Remy Martin
1 bottle Black Tower
1 box of imported beer
1 plastic utensil holder
5 German kitchen knives
1 pr. hunting boots
2 pr. sneakers
l garden rake
I chainsaw
1 box of protein and diet shakes
1 AT&T cordless telephone
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
PATRICIA L. MARBAIN POWERS,
Plaintiff
VERSUS
B~RANDON Co I:~rccE!~g,
NO.
01-69 Civil Term
DECREE IN
DIVORCE
,,,,,D,,,ow, fo
DECREED THAT PATRICIA L. MARBA/_N POWERS
~'~t , IT IS ORDERED AND
, PLAINTIFF,
AND ]3RANFJ(}N ¢,,. lalT, C2:R,~ , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
yet Been ENTERED;
It is further ORDERED and DECR~:~:~} that the Marriage Settlement Agreement
executed by and between the parties, dated September 26, 2001, is incorporated
by reference into this Decree for the purposes of enforcement~ but shall NOT
be deemed to have been merged with this Decree.
BY THE C~ /'~ ~ /'"}
ATT~ ~~~¢''/~ 3.
~PROTHONOTARY