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HomeMy WebLinkAbout04-2520MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004 - r-~--c~ CIVIL TERM RANDI L BREWBAKER, CIVIL ACTION - LAW Defendant IN 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. 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. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004 - CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mark L. Brewbaker, an adult individual who currently resides at 1512 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Randi L. Brewbaker, an adult individual who currently resides at 1512 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 21, 1991, in Colorado. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Date: ul'~/~-! Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlbrewbakerlcomplaint.pld 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. / Mark L. Brewbaker Date: ~- 3 - 43¥ MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- 2520 CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this the [ day of tVl~y, 2004, I, Randi L. Brewbaker, Defendant above, hereby accept service of the Complaint in Divorce filed in the above-captioned case pursuant to Pa. R.C.P. 1930.4(d) and acknowledge receipt of a true and attested copy of said Complaint. ~ Ra~r~di L. Brewbaker MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2520 CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL SETT/;MENT AGRF;MENT THIS AGREEMENT, made this ~ __ day of~, 2004 by and between Mark L. Brewbaker, of Cumberland County, Pennsylvania, and Randi L Brewbaker, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Mark L Brewbaker (hereinafter celled "Husband") currently resides at 36 W. Pomfret Street, Apartment #1, Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, Randi L. Brewbaker (hereinafter called 'I/Vife") currently resides at 1512 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 21, 1991; and, WHEREAS, a divorce complaint was filed on June 3, 2004; and, WHEREAS, three minor children were born of the marriage, namely Alexander S. Brewbaker, bom March 13, 1997, Nicholas A. Brewbaker, bom February 27, 2000 and Kerowyn L. Brewbaker, born December 14, 2002; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective madtal and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: '1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart at such places as they may desire, free from all control, restraint, interference and authority, direct or indirect, by the other party. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEl. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Michael A. Scherer, Esquire. Wife has chosen not to retain counsel of her own in this matter, but understands her right to hire and consult with her own attorney, who could advise her regarding all issues related to this divorce action. Each party acknowledges and accepts that this Agreement is, in the cimumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that 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. 2 3. DISCLOSURE OF ASSETR. Each of the parties hereto acknowledges that he or she is aware of his or her dght to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCF. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion at the expiration of the ninety day waiting period. 5. EQUITABLE DISTRIBUTION A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 1512 Hemlock Avenue, Carlisle, Pennsylvania, which property was the marital residence. Wife shall become the sole owner of the marital residence. Husband shall 3 sign a deed conveying his dght, title and interest to this property to Wife concurrent with the execution of this agreement. Husband understands that the mortgage on the property is in both parties' names, and that Wife will be unable to refinance the property into her name alone at this time. Nevertheless, Wife shall make a good faith effort to refinance the property into her own name as soon as possible, however, Husband may demand that the house be sold so as to remove his name from liability for the mortgage after a period of four years from the date of this agreement. B. Furniehinae and Personalty. The parties have divided by agreement between themselves all fumishings and personalty located in the marital residence and Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. Wife will keep as her separate property the 1999 Ford Windstar Van, and Wife shall be soley responsible for the indebtedness on the van. Husband shall keep as his separate property the 1999 Dodge Dakota and shall be solely responsible for the repayment of the indebtedness on the truck. The parties understand that the Windstar Van and Dodge Dakota are financed through Members First Federal Credit Union and that each of the parties is equally obligated on the loan for each vehicle. The parties agree to approach Members First and inquire whether each party may be removed as an obligor on the other's loan; if not, each party will indemnify the other regarding the obligation to fully repay all indebtedness on the loan for the respective vehicles. 4 D. IntanGible Personal ProDe~,. The parties were the owners of a mutual fund known as the 'Alliance Fund' with a value of $1,392 as of May 17, 2004. The parties agree that this asset has been equitably divided and neither party will make a claim for any funds which may be in the other party's possession. The parties bank accounts with Pennsylvania State Employees Credit Union and Members First Credit Union have been equitably divided and neither party will make a claim for any proceeds from these accounts which may be in the other party's possession. E. Retirement Benefits. Wife shall keep as her separate property the retirement benefits she accrued with the Commonwealth of Pennsylvania, which have an actuarial value of $45,141.00 as of December 31, 2003. Husband shall keep the retirement benefits he has accrued, including the Simple IRA from Executive Books at American Funds with a value of $8,483.00 as of March 31, 2004; the Deferred Compensation with Carlisle Borough ICMA with a value of $6,261.00 as of March 31, 2004; and Husband's regular retirement with the Carlisle Police Department, which actuarial value is unknown. F. Miscellaneoue ProperS,_. As of the execution 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 each to together. G. ~. The parties have the following c~:lit card debt, which shall become the sole obligation of Husband, who shall hold wife harmless on these obligations: First North American National Bank, balance approximately $1,951; Citibank, balance approximately $1,345.00; PSECU, balance approximately $2,774. If possible, 5 Husband will transfer the balance of the indebtedness from the PSECU to the Citibank Account. Aside from the foregoing, the parties acknowledge and agree that there are no other outstanding joint obligations. In the event there are any other debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other i harmless on the obligations. H. ~ Wife shall be solely responsible for the repayment of her student loans, which are in her name alone. Husband shall be solely responsible for the repayment of his student loans, which are in his name alone. I. Life Ineurance. The parties are the owners of twenty year term life insurance policies in the amount of $500,000 through Banner Life naming the children as beneficiaries. Each party agrees to continue their respective policies in full force and effect and at the same benefit level until the children reach age eighteen. 6. SUPPORT ALIM NY ALIMONY PENDENTELITE SPOUSAL SUPPORT. Neither party shall pay the other spousal support, alimony pendente lite or alimony in connection with this separation and divorce. ?. RELEASE OF CLa. IMS. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as Provided for in this Agreement. 6 8. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 9. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the dghts of the non-breaching party. 10. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the Parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in ar~y interest of the parties. 11. AGREEMENT NOT TO BE MERG;f,j This Agreement may be incorporated into a 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 Divome 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. 12. P~ROVISIONS AS TO CHILDR,T.".'" A. Legal Custody. The parties shall share legal custody of the children. This means that the parties will share in and consult with one another regarding issues involving the childrens' medical care, education, and other such matters. B. Physical Custody. Wife shall have primary physical custody of the children. Father's current work schedule makes it very difficult to reduce a schedule for his partial custody to writing; as such, the parties will attempt to work together informally to ensure that father has ample opportunity to spend time with the children when he is not working. 7 C. Child Support. Husband shall pay wife child support in the amount of $383 biweekly through direct deposit to Wife's checking account on the Friday following each of Husband's pay dates. Additionally, Husband shall pay Wife 20% of Husband's gross overtime wages. D. Paragraph 12. Modifiable. Either party may file an action for custody or support in the event cimumstances change regarding either custody or support and nothing shall Prevent the custody or support courts from modifying the terms of this paragraph pursuant to the existing laws of custody and/or support. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Mark L. Brewbaker ~ 8 MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 2004-2520 CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION-LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2004. 2. The mardage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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 divome is granted. 5. I understand that I will not be divorced until a Divome 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unswom falsification to authorities. Date: Mark L. Brewbaker MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-2520 CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION-LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE COD; 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2004. 2. Defendant acknowledges receipt and accepts service of the Complaint on June 7, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divome without notice. 5. 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 divome is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ '"' .~" ~,) ~;~" ~j ~a~n~ '/'~~ alat~frL. Brewbaker ~ MARK L. BREWBAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-2520 CIVIL TERM RANDI L. BREWBAKER, CIVIL ACTION-LAW Defendant : iN DIVORCE PRAECIPE TO TRANSMIT RECORn To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divome decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint.' Defendant signed an Acceptance Of Service form on June 7, 2004. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff_ Seotember 8, 2004 by the defendant Seotember 8. 2004 ' (b) (1) Date of execution of the plaintiff's affidavit required by Section 330 l(d) of the divome code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending. NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: Seotember 9. 2004 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: Seotember 9. 2004 'chael A. Scherer, Esquire Attomey for Plaintiff, Mark L. Brewbaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ..~... ~, PENNA. MARK L. BREWBAKER, Plaint;iff NO. 2004-2520 CIVIL VERSUS RANDI L. BREWBAKER, Defendant DECREE IN DIVORCE AND NOW, ~,IT Is ORDERED AND DECREED THAT ~JA , PLAINTIFF, AND NDI L. BREWBAKER , 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED.JULY 23, 2004 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. PROTHONOTARY