HomeMy WebLinkAbout10-0259JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PWS A
PLAINTIFF : OF CUMBERLAND COUNTY, 5 o i
: PENNSYLVANIA
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VS. NO.10-
CIVIL TERM
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JAMES EDWARD BROWN ,
: CIVIL ACTION - LAW 6
,
DEFENDANT : ACTION FOR DIVORCE / CUST Y 5
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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 Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
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
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
440.50 PO AT7`/
CL-` 1385
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JACQUELINE RENE BROWN,
PLAINTIFF
VS.
JAMES EDWARD BROWN,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. j o -),5q CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, JACQUELINE RENE BROWN, by and through her
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is JACQUELINE RENE BROWN, an adult individual, who resides at
1912 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff has
resided in Cumberland County for over six (6) months.
2. Defendant is JAMES EDWARD BROWN, an adult individual, who resides at
1912 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
3. 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.
4. The Plaintiff and Defendant were lawfully married on October 3, 1998.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant were ever members of the United States Military
Service.
9. Plaintiff and Defendant have two (2) children from their marriage, JAMES
KYLER BROWN, born December 1, 1994 and KYRSTEN RENE BROWN, born on
September 12, 2000.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
thereto.
11. After ninety (90) days have elapsed from the date of filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may
also file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, JACQUELINE RENE
BROWN, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c)
of the Divorce Code.
COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(x)(2) and 3323(b) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The parties are the parents of the following minor children who reside with the
Plaintiff and the Defendant at this time:
NAME AGE SEX DATE OF BIRTH
JAMES KYLER BROWN 15 years Male December 1, 1994
KYRSTEN RENE BROWN 9 years Female September 12, 2000
16. During the past five (5) years the children have resided with the parties and at the
addresses herein indicated:
WITH WHOM ADDRESS FROM / TO
Plaintiff and Defendant 1912 Reservoir Drive 2003 to Present
Carlisle, PA
17. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
18. There are no other proceedings pending involving custody of the children in this
or any other state.
19. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
20. The best interests of the children will be served if Plaintiff and Defendant have
Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial
Physical Custody of their children.
WHEREFORE, Plaintiff, JACQUELINE RENE BROWN, requests this Honorable
Court grant Plaintiff, JACQUELINE RENE BROWN, and Defendant, JAMES EDWARD
BROWN, Shared Legal Custody of the minor children, JAMES KYLER BROWN and
KYRSTEN RENE BROWN and Plaintiff, JACQUELINE RENE BROWN, Primary Physical
Custody and Defendant, JAMES EDWARD BROWN, Partial Physical Custody, of the
children, JAMES KYLER BROWN, and KYRSTEN RENE BROWN, as in the children's
best interest.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: December 30, 2009
-usan Kay Candiell , s
Counsel for Plaint ff
PA I.D. # 64998
4010 Glenfinnan Pla
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: I I? 1 I d q Q C? -, ,S'1 n.'4l
MOY"I INE RENE BROWN
JACQUELINE RENT, BROWN
PLAINTIFF
V.
JAMES EDWARD BROWN
DIiF1`NDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2010-259 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, January 13, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle Oil Thursday, February 11, 2010 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: _/s/ Hubert X. Gilroy, E
Custody Conciliator
The Court of Connmon Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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 Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
2010 JAN 14 Pi# 2: 0 5
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JACQUELINE RENE BROWN, : IN THE COURT OF COMMON 1`4AS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 2010-259 CIVIL TERM
-.- L.. _t (15
JAMES EDWARD BROWN, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE
AFFIDAVIT OF SERVICE CERTIFIED MAIL
Be it known, that on January 20, 2010, comes, SUSAN KAY CANDIELLO, who states
as follows:
1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania.
2. I represent Jacqueline Rene Brown, Plaintiff in the above-captioned matter.
3. On January 16, 2010, a true and correct copy of the Complairlt for No-Fault
Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U. S.
Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted
delivery, return receipt requested, Article No. 7009 0820 0001 1921 7715, and addressed to the
Defendant, James Edward Brown, 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013.
4. The return receipt card signed by the Defendant, James Edward Brown, showing a
date of service of January 19, 2010, is attached hereto as Exhibit "A".
5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and
Pa.R.C.P. 403.
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¦ Campii% sterns 1, 2, and 3. Also complete
Rem 4 M Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the maiipiece,
or on the front R space permits.
1. Article Addressed to:
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B. RecQ by (P?firted Nerve)
D. Is dWkwy address different from Item 1? ? Yes
if YES, enter delivery address below: ? tJo
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4. Reddcbed DNMery? Aft Fes) ? yes
s 7009 0820 0001 1921 7715
(1l?rnArtlmrn aan!bshbef)
PS Form 3811, February 2004 Domestb Return Receipt to of M tsw
Exhibit "A"
FEB .16 2010
JACQUELINE RENE BROWN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
_N
r p F7
JAMES EDWARD BROWN, NO. 2010-259 ==_
Defendant IN CUSTODY
COURT ORDER .`?
AND NOW, this day of February, 2010, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The father, James Edward Brown, and the mother, Jacqueline Rene Brown, shall
enjoy shared legal custody of James Kyler Brown, born December 1, 1994, and
Krysten Rene Brown, born September 12, 2000.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy liberal periods of temporary physical custody of the minor
children pursuant to an agreement between the parties and subject to the children's
school, social, etc., schedule.
4. It is anticipated that the parties will work together to facilitate Father having
meaningful temporary custody with the children. Both parents shall keep each other
advised with respect to where they are living, phone numbers and other pertinent
contact information. Additionally, both parents shall encourage the children to have
meaningful relationships with the other parent.
5. The parties will meet again for a second Custody Conciliation Conference on
Thursday, March 25, 2010, at 9:30 a.m. In the event the parties are able to workout
a permanent Order or the parties are satisfied with the Order as set forth above, the
parties may notify the Custody Conciliator and the second Custody Conciliation
Conference may be cancelled. Additionally, if Father becomes dissatisfied with the
amount of time he is seeing the children after the entry of this Order and he wants to
accelerate the date of the second Custody Conciliation Conference, Father may
contact Mother's counsel and the Conciliator to request an accelerated date.
BY THE COURT,
Judge
cc: " ?san Kay Candiello, Esquire
Mr. James Edward Brown
('cr ies M.-Ul4cl..
n
JACQUELINE RENE BROWN
Plaintiff
vs.
JAMES EDWARD BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2010-259
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
James Kyler Brown, born December 1, 1994
Kyrsten Rene Brown, born September 12, 2000
2. A Conciliation Conference was held on February 11, 2010, with the following
individuals in attendance:
the father, James Edward Brown, who appeared without counsel, and
the mother, Jacqueline Rene Brown, who has an attorney but her attorney,
Susan Kay Candiello, was unable to attend because of weather conditions but
was available by telephone.
3. The parties agreed to the entry of an Order in the form as attached.
Date: February ?-? 2010
Hubert X. it y, Esquire
Custody C ciliator
10-459 iMARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into thisc2t!?-day of, 2010, by and
between JACQUELINE RENE BROWN and JAMES EDWA OWN.
RECITALS
Wife's Birthday and Social Security Number: November 11, 1970 xxx-xx-0104
Husband's Birthday and Social Security Number: October 10, 1971 xxx-xx-1980
Date of Marriage: October 3, 1998
Place of Marriage: Carlisle, Pennsylvania ? .,
I,
_ , rat ,.-? r
Last Marital Residence: 1912 Reservoir Drive, Carlisle, PA 17013
co
,
Date of Separation: February 19, 2010
Children: JAMES KYLER BROWN, born on December 1, 1994
KYRSTEN RENE BROWN, born on September 12, 2000 -
Pending Court Proceedings: None
Divorce Court of Common Pleas No. 2010-259
of Cumberland County, Pennsylvania
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
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 hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the 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 hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, direct or indirect, by the other
in all respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or employment
which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or
malign each other or the respective families of each other at all times and at all locations,
including but not limited to each party's place of work, nor compel or attempt to compel the
other to cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family,
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other
country. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
2
(c) Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed 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 defined
as the date of execution by the party last executing this Agreement.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been
apprised of his need for counsel and has waived his right to counsel. {Please see Waiver of Right
to Counsel attached hereto and made a part hereof at Exhibit The parties acknowledge that
each has been advised of their right to obtain independent legal advice from counsel of their
selection and that they have been fully informed as to their legal rights and obligations, including
all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other
applicable laws. Each party confirms that he or she fully understands the terms, conditions and
provisions of this Agreement and believes them to be fair, just, adequate and reasonable under
the existing circumstances.
VOLUNTARY EXECUTION
Each parry understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress, undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith within a reasonable time,
but not longer than thirty (30) days after demand is made by the other party, execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be
deemed to be a separate and independent covenant and agreement. If any term, condition, clause
or provision of this Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055, or such other address as
Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to James Edward Brown, at 1912 Reservoir Drive, Carlisle,
Pennsylvania, 17013, or such other address as Husband from time to time may designate in
writing.
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this Paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party, including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIBUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and
other personal property; and hereafter Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce and forever abandon any claims, which either
may have with respect to the above items, which shall hereafter be the sole and exclusive
property of the other. Wife has some items of personal property remaining at the marital
residence, which Husband has agreed may remain at the marital residence until such time as
Wife is able to move to a larger residence.
2. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 2004 Ford F 250, titled in Husband's name alone, shall hereafter be the sole and
exclusive property of Husband. There is a loan on this vehicle with Cornerstone Federal Credit
Union in Husband's name alone, in the approximate amount of $16,345.00. The approximate
value of this vehicle is $17,555.00. Wife shall waive all right, title and interest she may have in
this vehicle. Husband agrees to be solely responsible for all payments on the loan with
Cornerstone Federal Credit Union. Husband agrees to be responsible for insurance and all other
expenses associated with this vehicle.
7
B. The 2006 G 6 Pontiac, titled in Wife's name alone, shall hereafter be the sole and
exclusive property of Wife. There is a loan on this vehicle with Susquehanna Valley Federal
Credit Union, in Wife's name alone, in the approximate amount of $12,084.00. The approximate
value of this vehicle is a negative $344.00. Husband shall waive all right, title and interest he
may have in this vehicle. Wife agrees to be solely responsible for all payments on the loan with
Susquehanna Valley Federal Credit Union. Wife agrees to be responsible for insurance and all
other expenses associated with this vehicle
C. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
D. In the event that any documents of title to the said vehicles shall be in the hands of a
bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties each have individual checking and savings accounts:
Wife has a checking account with Metro Bank, Husband shall specifically waive, release,
renounce and forever abandon any claims he may have with respect to the Metro Bank checking
account of Wife. The funds in these accounts shall hereafter be the sole and exclusive property
of Wife.
Husband has a savings and checking account with Member's First Federal Credit Union
and Cornerstone Federal Credit Union. Wife shall specifically waive, release, renounce and
forever abandon any claims she may have with respect to the savings and checking accounts with
member's First Federal Credit Union and Cornerstone Federal Credit Union. The funds in these
accounts shall hereafter be the sole and exclusive property of Husband.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. LIFE INSURANCE
The parties do not have any life insurance.
5. RETIREMENT INTEREST
The parties do not have any retirement plans or accounts.
6. MARITAL RESIDENCE / DIVISION OF EQUITY
Marital Residence/Value Husband and Wife jointly own the marital residence
located at 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013. Husband and Wife have agreed
to sell the marital residence. Husband and Wife shall make arrangements to immediately place
the marital residence on the market for sale. Husband and Wife shall cooperate in all aspects of
selling the marital residence. Until the marital residence is sold; Husband shall reside in the
marital residence and be responsible for the mortgage, insurance, taxes and all other costs and
expenses of the maintenance of the marital residence. When the marital residence is sold, from
the proceeds from the sale of the marital residence, the following shall be paid: mortgage; all
costs and expenses incurred in selling the house; and Wife shall be paid the sum of Fifteen
Thousand Dollars and No Cents ($15,000.00) representing her portion of the equity in the marital
residence. After these items have been paid, the remainder of the proceeds from the sale of the
marital residence shall belong to Husband
8. JOINT DEBTS AND LIABILITIES
The joint debts incurred during the marriage and unsatisfied at the time of the execution
of this Agreement are as follows:
1) Mortgage on the Marital Residence with Litton Loan Servicing LP. Husband shall
refinance the mortgage on the marital residence removing Wife's name from the
mortgage. Husband shall be responsible for all mortgages, loans, liens, taxes, and
insurance on the marital residence.
2) Vehicle loan with Cornerstone Federal Credit Union for the 2004 Ford F 250, in
Husband's name alone. Husband agrees to be fully responsible for this loan.
3) Vehicle loan with Susquehanno Valley Federal Credit Union for the 2007 G6
Pontiac, in Wife's name alone. Wife agrees to be fully responsible for this loan.
4) Capital One VISA, with an approximate value of $ 900.00, in Husband's name
alone. Husband shall be responsible for this loan.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either parry in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
9. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of their separate assets, as that term
is defined herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof.
B. Limitation to Assets Disclosed. The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other party, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
C. Definition: The term "separate asset" is defined for purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto
and a third party or parties. The term also includes any untitled asset which is presently in the
sole possession of one of the parties hereto. The term shall further include any business interests
owned by either party, whether individually or together with a third party or parties.
D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
10. AFTER-ACQUIRED PROPERTY
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
acquired by him or her after execution of this Agreement, with full 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. RELEASE OF SUPPORT AND ALIMONY /
ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secure sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other. It shall be, from the execution date of this Agreement, the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
12. INCOME TAX RETURNS
10
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
13. COUNSEL FEES AND EXPENSES
Husband and Wife have agreed to be responsible for their individual counsel fees and
expenses incurred in connection with the parties' marital dissolution.
Each of the parties has carefully read and fully considered this Agreement and all of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first written above.
C L c ice. f6xw,- ?
WITNESS JA U INE RENE BROWN
WI
7
WITNESS J ES EDWARD BROWN
USBAND
TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
On this, the A 00 day of aeb =Z4 , 2010, before me, a Notary Public, the
undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or
satisfactorily proven) to be a member of the bar of the highest court of said State and a
subscribing witness to the within instrument, and certified that she was personally present when
JACQUELINE RENE BROWN and JAMES EDWARD BROWN, whose names are
subscribed to the within Marital Property Settlement Agreement, executed the same, and that
said persons acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
coaa?orjwBr+i.Tx of ris?rLV?wv? i
NOTARIAL 3BAL
Linda A. clofthw, Notey Public tary 4PuHampden Twp, CumbalsW Courtly
torte 21,2014 Commission Expires: j„L jt4_ Z-(, zo vv
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MY cwn,m?ion
11
JACQUELINE RENE BROWN,
PLAINTIFF
VS.
JAMES EDWARD BROWN,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2010-259 CIVIL TERM
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE
WAIVER OF RIGHT TO COUNSEL FOR
MARITAL PROPERTY SETTLEMENT AGREEMENT
action.
I, JAMES EDWARD BROWN, do hereby acknowledge that I am the Husband in this divorce
I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I
am not under any duress, nor were there any threats or promises made to me to coerce my execution of
this Agreement.
I fully understand my property rights as Husband in this divorce action are determined by this
Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this
Marital Property Settlement Agreement.
I have been advised of and do hereby waive my rights to an attorney to represent me on the issue
of the Marital Property Settlement Agreement.
Date: 2010
AMES EDWARD BROWN
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the?'day of i9le h 2010, before me, a Notary Public, the undersigned
officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a
member of the bar of the highest court of said State and a subscribing witness to the within instrument,
and certified that she was personally present when JAMES EDWARD BROWN whose name is
subscribed to the within Waiver of Right to Counsel, executed the same, and that said person
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my han and official Seal-
'4'al. I ) a COMAONWBALTH OF p8g4MVAI4A tary Public
NOTARIAL SEAL y Commission Expires:
Linda A. C1alFe1w,'Netwy Pu1>11? . j k nc L ?, LO I
Hampden Twp, Cumbukod Cou*
oommimion . lure 21, 2014
EXHIBIT "A"
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JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 2010-259 CIVIL TERM -, , -
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a =r
JAMES EDWARD BROWN : CIVIL ACTION - LAW rn -- ;-:
DEFENDANT : ACTION FOR DIVORCE = L
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PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of Complaint: Service upon the Defendant, Christopher
Chapin Blunt, via Certified Mail, Return Receipt Requested, Restricted Delivery, on
January 19, 2010. The Affidavit of Service Certified Mail was filed with the
Cumberland County Prothonotary on January 21, 2010.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code by:
Plaintiff. October 27th, 2010
Defendant: October 28th, 2010
(a) Related claims pending: None
(b) Claims withdrawn: None
(c) Claims settled by agreement of the parties: All claims
(d) Please see the Marital Property Settlement Agreement which is being filed
simultaneously with this Praecipe to Transmit Record and is to be incorporated but
not merged into the Divorce Decree.
4. 1 certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree
Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was
executed on October 27th, 2010 by the Plaintiff and on October 28th , 2010 by the
Defendant, and that these documents are being filed simultaneously with this Praecipe
to Transmit Record. I further certify that all other documents required by Rule
1920.42 are enclosed herewith.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: November 3, 2010
Counsel for P
PA I.D. # 649
4010 Glenfinr
Mechanicsburg PA 17055
(717) 724-2278
0
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA -o
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VS. NO. 2010-259 CIVIL TERM ,
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JAMES EDWARD BROWN, : CIVIL ACTION - LAW "
DEFENDANT : ACTION FOR DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 14, 2010.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements 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 S EDWARD BROWN
0
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS, T
PLAINTIFF
: OF CUMBERLAND COUNTY, -,oa C= , I
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: PENNSYLVANIA °r
Y
VS
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NO. 2010-259 CIVIL TERM
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JAMES EDWARD BROWN, : CIVIL ACTION - LAW
DEFENDANT
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: ACTION FOR DIVORCE
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WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF 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. 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 and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
l0
DATE J ES EDWARD BROWN
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF
: OF CUMBERLAND COUNTY, }
: PENNSYLVANIA
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vs. NO. 2010-259 CIVIL TERM
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JAMES EDWARD BROWN, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE
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AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 14, 2010.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements 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
unworn falsification to authorities.
101-Z-7 ho
DATE 3 Q LINE RENE BROWN
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,,
: PENNSYLVANIA t cm
-u :x
Co
VS. NO. 2010-259 CIVIL TERM° -?-°
a
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JAMES EDWARD BROWN, : CIVIL ACTION - LAW.
DEFENDANT : ACTION FOR DIVORCE
",;,p. 4.... co
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 33011c1 OF DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
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77!
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. 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 and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
DATE 3A U INE RENE BROWN
JACQUELINE RENE BROWN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES EDWARD BROWN
NO. 2010-259
DIVORCE DECREE
AND NOW, Now,.,b.i /L', z o/o , it is ordered and decreed that
JACQUELINE RENE BROWN , plaintiff, and
JAMES EDWARD BROWN , 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.")
NONE
By the Court,
L'14u, c( b. /3uell Prothonotary
&W - 16yr
JACQUELINE RENE MCCLURE,
Vk/a JACQUELINE RENE
BROWN,
Plaintiff
VS.
JAMES EDWARD BROWN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-259
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CIVI
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PETITION FOR SPECIAL RELIEF D
AND NOW, comes the Defendant, James Edward Brown, by and through his attorney,
Andrew H. Shaw, Esquire, and respectfully avers the following:
1. Plaintiff (hereinafter "Mother") resides at 29 East South Street, Carlisle, Cumberland
County, Pennsylvania.
2. Defendant (hereinafter "Father") resides at 1912 Reservoir Drive, Carlisle, Cumberland
County, Pennsylvania.
3. A Court Order was issued in this matter on February 16, 2010. A copy of the Order is
attached hereto and incorporated by reference as Exhibit A. Said Order was signed by the
Honorable Albert H. Masland.
4. Pursuant to the Order, Mother has primary custody of the minor children.
5. Father has learned through the minor children that Mother and minor children are in the
process of relocating from Carlisle, Pennsylvania to Newville, Pennsylvania.
6. Mother has failed to notify Father of the relocation, either formally pursuant to 23 Pa.C.S.
§ 5337, or informally.
0 11
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7. Father learned over the weekend from the children that Mother and children are already
moving items to Mother's intended residence.
8. Father does not consent to the relocation, in that the relocation is not in the best interests
of the minor children, and the relocation significantly impairs Father's ability to exercise
custodial rights.
9. Father's counsel has contacted Mother's counsel, and Mother does not concur with this
Petition.
10. The Honorable Albert H. Masland signed the previous custody order in this matter.
WHEREFORE, Father requests this Honorable Court to Order that a relocation hearing
be held to address the following issues:
1. Whether Mother should be permitted to relocate with the minor children;
2. Whether the terms of the custodial arrangement should be modified due to
Mother's relocation; and
3. The imposition of reasonable expenses counsel fees required by Father as a result
of Mother's noncompliance with 23 Pa.C.S. § 5337, as permitted under 23
Pa.C.S. § 53370)(4).
Respectfully submitted,
Date: By: .2 o Andrew H. Shaw, Esquire
PA Sup. Ct. ID# 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Defendant
VERIFICATION
I, James E. Brown, 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. Cons. Stat. § 4904 relating to unworn falsification to authorities.
Date:
?es E. Brown
FEB 1 6 2010
JACQUELINE RENE BROWN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
• ra N
JAMES EDWARD BROWN, °
NO. 2010-259
Defendant IN CUSTODY
COURT ORDER
Jm
AND NOW, this day of February, 2010, upon consideration of the atta hed",
Custody Conciliation Report, it is ordered and directed as follows:
1 • The father, James Edward Brown, and the mother, Jacqueline Rene Brown, shall
enjoy shared legal custody of James Kyler Brown, born December 1, 1994, and
Krysten Rene Brown, born September 12, 2000.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy liberal periods of temporary physical custody of the minor
children pursuant to an agreement between the parties and subject to the children's
school, social, etc., schedule.
4. It is anticipated that the parties will work together to facilitate Father having
meaningful temporary custody with the children. Both parents shall keep each other
advised with respect to where they are living, phone numbers and other pertinent
contact information. Additionally, both parents shall encourage the children to have
meaningful relationships with the other. parent.
5. The parties will meet again for a second Custody Conciliation Conference on
Thursday, March 25, 2010, at 9:30 a.m. In the event the parties are able to work out
a permanent Order or the parties are satisfied with the Order as set forth above, the
EXHIBIT
11 A, -1
parties may notify the Custody Conciliator and the second Custody Conciliation
Conference may be cancelled. Additionally, if Father becomes dissatisfied with the
amount of time he is seeing the children after the entry of this Order and he wants to
accelerate the date of the second Custody Conciliation Conference, Father may
contact Mother's counsel and the Conciliator to request an accelerated date.
BY THE COURT,
Judge
cc: " *san Kay Candiello Esquire
Mr. James Edward Brown 1.nri es r,-a?.l£cl..
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CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Petition For Special Relief, was served this date on the below
named, by placing same in the United States mail, first-class, postage prepaid thereon,
addressed as follows:
Susan Kay Candiello, Esquire
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Attorney for Plaintiff
Date: ? ? az ? //
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JACQUELINE RENE MCCLURE,
f/k/a JACQUELINE RENE
BROWN,
Plaintiff
VS.
JAMES EDWARD BROWN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 10-259 z r`
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CIVIL ACTION - LAW . c o co ?.
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PRACEIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Defendant.
Date:,,/ -?-27-1/
BY.
Sup. Ct. ID No. 87371
200 S. Spring Garden St.
Suite 11
Carlisle, PA 17013
717-243-7135
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Praecipe To Enter Appearance, was served this date on the below
named, by placing same in the United States mail, first-class, postage prepaid thereon,
addressed as follows:
Susan Kay Candiello, Esquire
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Attorney for Plaintiff
Date: e ?? 7- ?(
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JACQUELINE RENE MCCLURE,
f/k/a JACQUELINE RENE BROWN
PLAINTIFF/RESPONDENT
VS.
JAMES EDWARD BROWN,
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA j
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NO. 2010-259 CIVIL TERM,
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CIVIL ACTION - LAW ??'
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ACTION FOR CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S
PETITION FOR SPECIAL RELIEF
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AND NOW, comes the Plaintiff/Respondent, JACQUELINE RENE MCCLURE, by her
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files
this Answer to Defendant/Petitioner's Petition for Special Relief and in support thereof asserts as
follows:
1. Denied, by way of further explanation, Plaintiff/Respondent, (hereinafter sometimes
known as "Mother"), resides at 470 Centerville Road, Newville, Pennsylvania, 17241.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied, by way of further explanation, Mother verbally shared with
Defendant/Petitioner, (hereinafter sometimes known as "Father"), in early spring at the
children's sporting events, she was planning and hoping to move. Father never made any
response to the statements of Mother, in fact, when Mother attempted to speak with Father about
moving, he would avoid her and walk away. As soon as Mother located a home and received
the financial approval to purchase the home, Mother gave Father the address of the home. Father
initially refused to accept Mother's new address.
6. Denied, please see the explanation as stated in paragraph 5 above.
7. Mother has no knowledge or ability to know what or when the children spoke with
their Father.
8. Mother has no knowledge or ability to know what Father believes.
9. Admitted.
NEW MATTER
10. Paragraphs 1 through 9 of this Answer are incorporated herein by reference thereto.
11. Mother previously resided approximately ten (10) minutes from the Father's
residence. Mother's new residence is approximately twenty (20) minutes from the residence of
Father and will not interfere with Father's ability to enjoy the same custodial schedule with the
children. Mother and Father presently meet half way (1/2) between their homes at a Sheetz to
exchange the children, there has not been any interference or interruption in the Father's custody
schedule.
12. The children will change schools from the Carlisle School District to the Big Spring
School District as a result of Mother's move to her new residence.
13. The minor son, James "Kyler" Brown, 16 years of age, is active in sports and has
experienced some problems with the Carlisle Baseball coach in the Carlisle School District,
which resulted in his participation in the baseball team being significantly reduced. Kyler is
excited and wants to attend school in the Big Spring School District and is looking forward to the
new home his Mother will reside in.
14. The minor daughter Krysten Rene Brown, 10 years old, has experienced more
difficulty in school with a drop in her grades in the past year at Carlisle School District. Big
Spring Schools are smaller and able to provide more attention to each child.
15. Krysten is excited and happy to move to her Mother's new home and start at her new
school, until she returns home from visitation with her Father. Upon returning home to her
Mother, Krysten is unhappy, depressed, upset and difficult to talk with. She argues with her
Mother and regurgitating her Father's words and his position about the new home and the new
school.
16. Krysten Rene Brown, has been attending counseling through The Cumberland
County Counseling Services.
17. Both minor children are adamant they want to remain at their Mother's residence
with her.
18. Krysten had friends from her former school, but, they are not close friends. Krysten
has already made several new friends who will attend her new school with her. Krysten is eager
to attend the new school and hopes to participate in dance class and softball. Father has even
commented the softball program for Krysten is better at Big Spring than at Carlisle.
19. Mother previously resided in downtown Carlisle, her new home is in the country.
Mother and the Children all agree their new home is nicer, they have a back yard and everything
is more relaxed.
20. Father does not have a specific schedule for visitation under the current custody
order, he did not want one. Mother always gives Father the children when he requests to see
them unless they already have plans. There are stretches of time when Father does not see the
children by his own choice.
21. Mother's counsel has shared with Father's counsel Mother would like to have a
specific schedule. Mother has offered Father additional time with the parties' children, but,
Father always refuses additional time offered by Mother.
22. Mother believes it is in the children's best interest to remain primarily with her.
23. Mother believes it is in Kyler and Krysten's best interest to have the opportunity to
attend Big Spring School District, given their problems and issues with the Carlisle School
District.
WHEREFORE, the Plaintiff/Respondent, JACQUELINE RENE MCCLURE,
respectfully requests this Honorable Court deny the Defendant/Petitioner, JAMES EDWARD
BROWN'S Petition for Special Relief and allow the Plaintiff/Respondent to relocate with the
minor children. Plaintiff/Respondent, JACQUELINE RENE MCCLURE, requests this
Honorable Court refer this to the Custody Conciliator for the parties to negotiate a revised
custody schedule. Plaintiff/Respondent, JACQUELINE RENE MCCLURE, respectfully
requests this Honorable Court deny the Defendant/Petitioner's request for counsel fees.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: July, 2011
S San Kay C cello, Esquire
Attorney fort Plain 'ff
PA I.D. # 6499
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: -7Z7 Z i 1 &Ouv?-/
^ F JAC?UELANE RENE BROWN
ni
JACQUELINE RENE MCCLURE,
f/k/a JACQUELINE RENE
BROWN,
Plaintiff
VS.
JAMES EDWARD BROWN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 10-259
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CIVIL ACTION - LAW ,rn
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ORDER OF COURT
AND NOW, this day of e, 2011, it is hereby ORDERED that a hearing shall
be conducted, on the petition of James Edward Brown, for special relief, in Courtroom Number
-, Cumberland County Courthouse, Carlisle, Pennsylvania, at /0 3l? P . M., on
the day of , 2011.
j- IV
nng a ove, Mother shall not be permitted to relocate the rest ence
chil A.
BY THE COURT:
J.
usan Kay Candiello, Esquire, Counsel for Plaintiff
Andrew H. Shaw, Esquire, Counsel for Defendant
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FILED-OFFICE
Of THE PROTHONOTARY
?C13 N! 13 t,H 11: 19
CUMBERLAND COUNTY
PENNSYLVANIA
JACQUELINE RENE YOHE, IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
NO. 2010-259 CIVIL TERM
JAMES EDWARD BROWN, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
PETITION FOR BREACH OF MARITAL SETTLEMENT AGREEMENT
Plaintiff, JACQUELINE RENE YOHE, files this Petition for Breach of Marital
Settlement Agreement, and in support thereof, avers as follows:
1. Plaintiff is an adult individual, residing at 115 Southside Drive,Newville,
Pennsylvania 17241.
2. Defendant is an adult individual, residing at the marital residence, 1912 Reservoir
Drive, Carlisle, Pennsylvania 17013.
3. Plaintiff and Defendant entered into a marital settlement agreement (attached hereto
and made a part hereof at Exhibit"A"), drafted by Plaintiff's counsel, October 28, 2010.
4. During the marriage the parties jointly owned property located at 1912 Reservoir
Drive, Carlisle, Cumberland County, Pennsylvania, 17013, (Hereinafter known as the Marital
Residence.).
5. Under the terms of the Marital Settlement Agreement, Wife agreed to give husband a
reasonable time to sell the property or to buy her out. A specific time was not given due to the
weak housing market at that time.
6. Under the terms of the Marital Settlement Agreement, Husband is to be responsible
for all mortgage payments on the marital residence.
7. Plaintiff and Defendant have a mortgage on the Martial Residence with Litton Loan
Servicing LP.
8. Pertinent parts from the marriage settlement agreement for this instant case are at page
9, paragraph 6 MARITAL RESIDENCE, and page 7, paragraph 1 and 2 REMEDIES AND
SANCTIONS and ATTORNEY'S FEES FOR ENFORCEMENT:
6. MARITAL RESIDENCE/DIVISION OF EQUITY
Marital Residence/Value Husband and Wife jointly own the marital residence
located at 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013. Husband and Wife have agreed
to sell the marital residence. Husband and Wife shall make arrangements to immediately place
the marital residence on the market for sale. Husband and Wife shall cooperate in all aspects of
selling the marital residence. Until the marital residence is sold; Husband shall reside in the
marital residence and be responsible for the mortgage, insurance, taxes and all other costs and
expenses of the maintenance of the marital residence. When the marital residence is sold,from
the proceeds from the sale of the marital residence, the following shall be paid: mortgage; all
costs and expenses incurred in selling the house; and Wife shall be paid the sum of Fifteen
Thousand Dollars and No Cents ($15,000.00) representing her portion of the equity in the
marital residence. After these items have been paid, the remainder of the proceeds from the sale
of the marital residence shall belong to Husband
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
9. Plaintiff has been very patient, but the Defendant refuses to cooperate with her;
A. Refusing to tell Plaintiff or soliciting her advice on a real estate company and
person, not getting her signature on a contract listing the house for sale;
B. It is questionable whether Defendant actually had the house for sale on the
market;
C. Defendant used his money to buy new things to the house, not for improve it
for sale but to benefit the Defendant.
10. As a direct effect of the Defendant's failure to place the house on the market for sale,
the Plaintiff has experienced great financial harm.
12. Plaintiff believes the Defendant is deliberately trying to delay selling the house for as
long as he is able, contrary to the terms directed in the marital settlement agreement.
13. Plaintiff through her counsel sent a letter and made telephone calls to the alleged real
estate agent, with no response.
14. Plaintiff through her counsel sent letters to the Defendant with no response
15. Defendant has breached the marital settlement agreement at paragraph 6. Marital
Residence which states " Husband and Wife have agreed to sell the marital residence. Husband
and Wife shall make arrangements to immediately place the marital residence on the market for
sale. Husband and Wife shall cooperate in all aspects of selling the marital residence................
When the marital residence is sold,from the proceeds from the sale of the marital residence, the
following shall be paid: mortgage; all costs and expenses incurred in selling the house; and Wife
shall be paid the sum of Fifteen Thousand Dollars and No Cents ($15,000.00) representing her
portion of the equity in the marital residence. After these items have been paid, the remainder of
the proceeds from the sale of the marital residence shall belong to Husband".
16. While Plaintiff's name remains on the mortgage, Plaintiff suffers the inability to get
another home or make any significant purchase for her family. Plaintiff has and continues to
suffer great financial harm due to being on the mortgage and not being paid her equity in the
marital residence.
WHEREFORE, Plaintiff, JACQUELINE RENE YOHE, respectfully requests that this
Honorable Court find the Defendant, JAMES EDWARD BROWN, to be in breach of the
marital settlement agreement and ORDER Defendant, JAMES EDWARD BROWN, to
immediately take appropriate actions which will place the house on the market in unison with the
Plaintiff, JACQUELINE RENE YORE, Defendant, JAMES EDWARD BROWN, shall pay
all counsel fees, costs and expenses Plaintiff, JACQUELINE RENE YOHE, incurred in
bringing this-action to court and such additional damages as the court deems appropriate and
necessary..
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: June , 2013
Susan Kay Candiello, squire
Counsel for Plain
PA I.D. # 64998
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: J 13U I ao 1
JAOUftNE RENE YOHEY
EXHIBIT "A"
C,
1
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into thisday of r , 2010, by and
between JACQUELINE RENE BROWN and JAMES EDW BROWN.
RECITALS
Wife's Birthday and Social Security Number: November 11, 1970 xxx-xx-0104
Husband's Birthday and Social Security Number: October 10, 1971 xxx-xx-1980
Date of Marriage: October 3, 1998
Place of Marriage: Carlisle, Pennsylvania n`Y' C' ' '
r
Last Marital Residence: 1912 Reservoir Drive, Carlisle, PA 17013
Date of Separation: February 19, 2010 `c z w C
_ ,,
. j
Children: JAMES KYLER BROWN, born on December 1, 1994
KYRSTEN RENE BROWN, born on September 12,2000
Pending Court Proceedings: None
Divorce Court of Common Pleas No. 2010-259
of Cumberland County, Pennsylvania
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
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 hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past,present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the 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 hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1
v
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, direct or indirect, by the other
in all respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or employment
which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or
malign each other or the respective families of each other at all times and at all locations,
including but not limited to each party's place of work, nor compel or attempt to compel the
other to cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past,present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs; expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and estate from any and all
rights,claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family.
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United. States, or any other
country. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
2
(c) Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either parry ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed 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 defined
as the date of execution by the party last executing this Agreement.
3
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been
apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right
to Counsel attached hereto and made a part hereof at Exhibit"A".) The parties acknowledge that
each has been advised of their right to obtain independent legal advice from counsel of their
selection and that they have been fully informed as to their legal rights and obligations, including
all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other
applicable laws. Each party confirms that he or she fully understands the terms, conditions and
provisions of this Agreement and believes them to be fair, just, adequate and reasonable under
the existing circumstances.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress,undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
4
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith within a reasonable time,
but not longer than thirty (30) days after demand is made by the other party, execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be
deemed to be a separate and independent covenant and agreement. If any term, condition, clause
or provision of this Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania.17055, or such other address as
Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to James Edward Brown, at 1912 Reservoir Drive, Carlisle,
Pennsylvania, 17013, or such other address as Husband from time to time may designate in
writing.
5
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this Paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party, including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
6
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIBUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets,household equipment and appliances,pictures, books, works of art and
other personal property; and hereafter Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce and forever abandon any claims, which either
may have with respect to the above items, which shall hereafter be the sole and exclusive
property of the other. Wife has some items of personal property remaining at the marital
residence, which Husband has agreed may remain at the marital residence until such time as
Wife is able to move to a larger residence.
2. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 2004 Ford F 250, titled in Husband's name alone, shall hereafter be the sole and
exclusive property of Husband. There is a loan on this vehicle with Cornerstone Federal Credit
Union in Husband's name alone, in the approximate amount of $16,345.00. The approximate
value of this vehicle is $17,555.00. Wife shall waive all right, title and interest she may have in
this vehicle. Husband agrees to be solely responsible for all payments on the loan with
Cornerstone Federal Credit Union. Husband agrees to be responsible for insurance and all other
expenses associated with this vehicle.
7
B. The 2006 G 6 Pontiac, titled in Wife's name alone, shall hereafter be the sole and
exclusive property of Wife. There is a loan on this vehicle with Susquehanna Valley Federal
Credit Union, in Wife's name alone, in the approximate amount of$12,084.00. The approximate
value of this vehicle is a negative $344.00. Husband shall waive all right, title and interest he
may have in this vehicle. Wife agrees to be solely responsible for all payments on the loan with
Susquehanna Valley Federal Credit Union. Wife agrees to be responsible for insurance and all
other expenses associated with this vehicle
C. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
D. In the event that any documents of title to the said vehicles shall be in the hands of a
bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties each have individual checking and savings accounts:
Wife has a checking account with Metro Bank, Husband shall specifically waive, release,
renounce and forever abandon any claims he may have with respect to the Metro Bank checking
account of Wife. The funds in these accounts shall hereafter be the sole and exclusive property
of Wife.
Husband has a savings and checking account with Member's First Federal Credit Union
and Cornerstone Federal Credit Union. Wife shall specifically waive, release, renounce and
forever abandon any claims she may have with respect to the savings and checking accounts with
member's First Federal Credit Union and Cornerstone Federal Credit Union. The funds in these
accounts shall hereafter be the sole and exclusive property of Husband.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. LIFE INSURANCE
The parties do not have any life insurance.
5. RETIREMENT INTEREST
The parties do not have any retirement plans or accounts.
8
6. MARITAL RESIDENCE 1 DIVISION OF EQUITY
Marital ResidenceNalue Husband and Wife jointly own the marital residence
located at 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013. Husband and Wife have agreed
to sell the marital residence. Husband and Wife shall make arrangements to immediately place
the marital residence on the market for sale. Husband and Wife shall cooperate in all aspects of
selling the marital residence. Until the marital residence is sold; Husband shall reside in the
marital residence and be responsible for the mortgage, insurance, taxes and all other costs and
expenses of the maintenance of the marital residence. When the marital residence is sold, from
the proceeds from the sale of the marital residence, the following shall be paid: mortgage; all
costs and expenses incurred in selling the house; and Wife shall be paid the sum of Fifteen
Thousand Dollars and No Cents ($15,000.00)representing her portion of the equity in the marital
residence. After these items have been paid, the remainder of the proceeds from the sale of the
marital residence shall belong to Husband
8. JOINT DEBTS AND LIABILITIES
The joint debts incurred during the marriage and unsatisfied at the time of the execution
of this Agreement are as follows:
1) Mortgage on the Marital Residence with Litton Loan Servicing LP. Husband shall
refinance the mortgage on the marital residence removing Wife's name from the
mortgage. Husband shall be responsible for all mortgages, loans, liens,taxes,and
insurance on the marital residence.
2) Vehicle loan with Cornerstone Federal Credit Union for the 2004 Ford F 250, in
Husband's name alone. Husband agrees to be fully responsible for this loan.
3) Vehicle loan with Susquehanno Valley Federal Credit Union for the 2007 G6
Pontiac, in Wife's name alone. Wife agrees to be fully responsible for this loan.
4) Capital One VISA,with an approximate value of$ 900.00, in Husband's name
alone. Husband shall be responsible for this loan.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
9. SEPARATE ASSETS
A. Release. The parties hereby agree that as to each of their separate assets, as that term
is defined herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof.
9
B.Limitation to Assets Disclosed: The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other parry, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
C. Definition: The term "separate asset" is defined for purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto
and a third parry or parties. The term also includes any untitled asset which is presently in the
sole possession of one of the parties hereto. The term shall further include any business interests
owned by either party,whether individually or together with a third party or parties.
D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
10. AFTER-ACQUIRED PROPERTY
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
acquired by him or her after execution of this Agreement, with full 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. RELEASE OF SUPPORT AND ALIMONY/
ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secure sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other. It shall be, from the execution date of this Agreement,the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
12. INCOME TAX RETURNS
10
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
13. COUNSEL FEES AND EXPENSES
Husband and Wife have agreed to be responsible for their individual counsel fees and
expenses incurred in connection with the parties' marital dissolution.
Each of the parties has carefully read and fully considered this Agreement and all of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
/-'have set their hands and seals the day and year first written above.
WITNESS JAC ,U INE RENE BROWN
WI
ITNESS J ES EDWARD BROWN
USBAND
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this, the A it' day of Derr '% 2010, before me, a Notary Public, the
undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or
satisfactorily proven) to be a member of the bar of the highest court of said State and a
subscribing witness to the within instrument, and certified that she was personally present when
JACQUELINE RENE BROWN and JAMES EDWARD BROWN, whose names are
subscribed to the within Marital Property Settlement Agreement, executed the same, and that
said persons acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
COMMONWEALTH OF PENNSYLVANIA C✓v
NOTARIAL SEAT. j
Linda A.Clotfelter,Notary Public tary Public
Hampden Twp,Cumberland County
My commission expires June 21,2014 Commission Expires: 1�we L i, zv
11
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 2010-259 CIVIL TERM
JAMES EDWARD BROWN, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE
WAIVER OF RIGHT TO COUNSEL FOR
MARITAL PROPERTY SETTLEMENT AGREEMENT
I, JAMES EDWARD BROWN, do hereby acknowledge that I am the Husband in this divorce
action.
I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I
am not under any duress, nor were there any threats or promises made to me to coerce my execution of
this Agreement.
I fully understand my property rights as Husband in this divorce action are determined by this
Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this
Marital Property Settlement Agreement.
I have been advised of and do hereby waive my rights to an attorney to represent me on the issue
of the Marital Property Settlement Agreement.
Date: �d p , 2010 G - rg, ,;;
AMES EDWARD BROWN
COMMONWEALTH OF PENNSYLVANIA r�
SS:
COUNTY OF CUMBERLAND
On this, the day of v hI , 2010, before me, a Notary Public, the undersigned
officer,personally appeared SUSAN KAY CANDIELLO,known to me (or satisfactorily proven)to be a
member of the bar of the highest court of said State and a subscribing witness to the within instrument,
and certified that she was personally present when JAMES EDWARD BROWN whose name is
subscribed to the within Waiver of Right to Counsel, executed the same, and that said' person
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my han and official Se
COMMONWEALTH OF PENNSYLVAMA tary Pub fic
1�N0TARIALSEAL y Commission Expires:
f inda A.Clotfelter,NotarY Public J i,c.
Hampden Twp,Cumberland Cou*
aty commission a ices lone
21.2014
EXHIBIT "A"
JACQUELINE RENE YOHE, IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF �
c
VS. N0. 2010-259 CIVIL TERM 2� C
JAMES EDWARD BROWN, : CIVIL ACTION- LAW A CD
DEFENDANT : ACTION FOR DIVORCE �
C; x"' 5 r
pC=
RULE
n1z
AND NOW, this _/ day of Qor(A, h t , 2013, upon consideration of the
within Petition for Breach of Marital Property Settlement Agreement, a Rule is hereby entered
against Defendant, JAMES EDWARD BROWN, to show cause why the relief requested should
not be granted.
RULE is issued upon the Defendant to show cause why the Plaintiff is not entitled to the
relief requested. The Defendant shall file an answer to the petition within I days of
4kio.&Ike. s o►-v#"C-e y �j M,v .+, f(,,,tt 6, 4za 16 plot ih+4
rdini
�•e �' ,r -ct.�.1 cart✓- � '6�i,�, G�wr'f a �,.) �� �,,,�„�
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firL r IJ'ty
C.atk�le-
BY THE COURT:
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t
JACQUELINE RENE YORE, IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS. NO. 2010-259 CIVIL TERM �
_.,.rri
JAMES EDWARD BROWN, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
�o -- CD
MOTION TO MAKE RULE ABSOLUTE
Plaintiff, JACQUELINE RENE YOHE, files this Motion to Make Rule Absolute, and
in support thereof, avers as follows:
1. Plaintiff filed for end her marriage which resulted in a divorce being granted, on
November 16, 2010, with a marital settlement agreement, dated October 28, 2010.
2. At the time of the divorce, the economy was such that the Plaintiff gave the
Defendant, liberal time to sell or refinance the marital residence.
3. To date, Defendant has chosen not to sell or refinance the marital residence, despite
the upturn in the economy.
4. Although the Plaintiff is on the deed and the mortgage, the Defendant has deliberately
kept the Plaintiff from being able to gain any knowledge about whether the house is being put on
the market or is being refinanced.
5. Plaintiff has financially suffered due to not being given the equity form the sale or
refinancing of the home.
6. Plaintiffs counsel filed a Petition for Special Relief, on or about June 17, 2013,
requesting the court order the Defendant to produce evidence that he was taking steps to sell or
refinance the marital residence.
t
7. Plaintiffs counsel served Defendant with. a copy of the Petition for Special Relief on
or about June 19,2013.
8. June 17, 2013, a Rule was issued upon the Defendant to show cause why the relief
requested by the Plaintiff should not be granted. The Rule was returnable within 21 days of
service.
9. Defendant was mailed a copy of the Rule Returnable, by certified mail, return receipt
requested, by the Cumberland County Court and by Plaintiff's Counsel. .
10. July 25,2013,Defendant has done nothing.
11. Plaintiff does not believe the Defendant will cooperate in any manner without the
court issuing a detailed and direct order for the Defendant to comply.
WHEREFORE, Plaintiff,JACQUELINE RENE YORE, respectfully requests that this
Honorable Court make the Rule issued on June 17, 2013, Absolute and Order the Defendant,
JAMES EDWARD BROWN, to share with Plaintiff, JACQUELINE RENE YORE, the
status of the house, whether it is for sale or being refinanced and when she can expect her equity
in the marital residence to be paid.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: July , 2013 v,
Susan Kay Candi lo, Esquire
Counsel for Plaa tiff
PA I.D. 4 64998
710 Gladstone Court
Mechanicsburg PA 17055
(717) 724-2278
b
JACQUELINE RENE YORE, IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS. NO. 2010-259 CIVIL TERM
JAMES EDWARD BROWN, : CIVIL ACTION -LAW
DEFENDANT ACTION FOR DIVORCE
O' RDER
AND NOW, this J 41 day of upon consideration of the
Plaintiff, JACQUELINE RENE YOHE'S Petition for Special Relief, it is hereby ORDERED
and DECREED the Court will make the Rule dated June 8, 2010 absolute. The Defendant,
JAMES EDWARD BROWN, shall share with Susan Kay Candiello, Esquire, counsel to
Plaintiff, the status of the house, whether it is for sale or being refinanced and when the Plaintiff,
JACQUELINE RENE YOHE, can expect her equity in the marital residence to be paid.
BY THE COURT:
J.
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C) �=
} 4 v
JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, : CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
VS. : NO. 2010-259
C7 ^�
C
CIVIL ACTION - LAW
JAMES EDWARD BROWN, `�'a -o =
Defendant : IN DIVORCE ;
— CD
:a C
PRACEIPE TO ENTER APPEARANCE -n T;
TO THE PROTHONOTARY:
Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Defendant.
Date: �`° 1 BY:
d ew H. Sha , Esquire
Sup. Ct. ID No. 87371
200 S. Spring Garden St.
Suite 11
Carlisle, PA 17013
717-243-7135
A +
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Praecipe For Entry of Appearance, was served this date on the
below named, by placing same in the United States mail, first-class,postage prepaid
thereon, addressed as follows:
Susan Kay Candiello, Esquire
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Attorney for Plaintiff
Date: .- l
drew H. Shaw, squire
JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, : CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
VS. : NO. 2010-259
CIVIL ACTION -LAW
JAMES EDWARD BROWN,
Defendant : IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR BREACH OF MARITAL
SETTLEMENT AGREEMENT
AND NOW, comes the Defendant, James Edward Brown, by and through his attorney,
Andrew H. Shaw, Esquire, and in support thereof, avers as follows: ry
1. Admitted.
C} ry
2. Admitted. „ ca rf°
.._.d ruT
3. Admitted. ' -..
_-
4. Admitted.
5. Denied. It is denied that under the terms of the Marital Settlement Agreement, Wife
agreed to give husband a reasonable time to sell the property or buy her out. The terms of the
settlement agreement relating to the sale of the residence are stated in Paragraph 8 of Plaintiff's
Petition, and do not place requirements on the timing of the sale.
6. Admitted. As a matter of further response, Defendant is current on the mortgage
payments.
7. Admitted.
8. Admitted.
9. Denied. It is denied that Defendant has refused to cooperate with Plaintiff.
a. Denied.
b. Denied. Asa matter of further response, Defendant has had the property listed for
sale for more than two (2)years through the office of Howard Hanna, with Robyn
Barrick-Shirley as his real estate agent. Further, Defendant initially listed the
property at $129,000, which was lower than the estimated fair market value for
homes in the immediate area. However, even with a lower listing price,
Defendant was unable to generate any offers for the purchase of the residence.
c. Denied. It is denied that he has used his money to buy new things to the house,
not for improving it for sale but to benefit the Defendant. As a matter of further
response, the Marital Settlement Agreement does not require Defendant to pay the
costs to improve the residence for the purpose of selling the same. The agreement
merely requires Defendant to pay for the"mortgage, insurance, taxes and all other
costs and expenses of the maintenance of the marital residence."
10. Denied in part. It is denied that Defendant has failed to place the house on the market for
sale. As a matter of further response, Defendant has had the property listed for sale for more than
two (2) years through the office of Howard Hanna, with Robyn Barrick-Shirley as his real estate
agent. As to the remainder of the averment in Paragraph 10, after reasonable investigation,
Defendant is without information or knowledge sufficient to answer the averment made by
Plaintiff in Paragraph 10 of Plaintiff's Petition.
11. No Paragraph 11 in Plaintiff's Petition.
12. Denied. It is denied that Defendant is deliberately trying to delay selling the house for as
long as he is able. As a matter of further response, the house was built in the 1800's and is in
need of various upgrades to make the house marketable in the current housing market.
Consequently, Defendant has seen a below average interest level from purchasers.
13. After reasonable investigation, Defendant is without information or knowledge sufficient
to answer the averment made by Plaintiff in Paragraph 13 of Plaintiff's Petition.
14. Denied in part. It is denied that Defendant received said letters and did not respond. As a
matter of further response, Defendant recalls receiving notice of one certified letter, but was
unable to obtain it from the Post Office prior to the letter being returned to Plaintiff's counsel.
15. Denied. It is denied that Defendant has breached the Marital Settlement Agreement at
Paragraph 6. As a matter of further response, Defendant has complied with the terms of the
Agreement by listing the property for sale, by paying the mortgage payments, maintaining
insurance,paying the real estate taxes, and paying all other costs and expenses of the
maintenance of the marital residence.
16. After reasonable investigation, Defendant is without information or knowledge sufficient
to answer the averment made by Plaintiff in Paragraph 16 of Plaintiff's Petition.
WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's Petition For
Breach of Marital Settlement Agreement.
Respectfully submitted,
Date: ! p� �� ! By:
ndrew H. Shaw, Esquire
PA Sup. Ct. ID# 87371
200 S. Spring Garden St., Suite I 1
Carlisle, PA 17013
717-243-7135
Attorney for Defendant
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Answer to Petition For Breach of Marital Settlement Agreement,
was served this date on the below named, by placing same in the United States mail, first-
class, postage prepaid thereon, addressed as follows:
Susan Kay Candiello, Esquire
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Attorney for Plaintiff
Date: �: ?-- �-
Andrew H. Shaw, Esquire
JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, :CUMBERLAND COUNTY, PENNSYLVANIA`
PLAINTIFF ,=
r'1 c l_::D
vs. : NO. 2010-259 CIVIL TERM �,r
JAMES EDWARD BROWN, : CIVIL ACTION - LAW c a
DEFENDANT : ACTION FOR DIVORCE
PETITION FOR BREACH OF MARITAL SETTLEMENT AGREEMENT
Plaintiff, JACQUELINE RENE YOHE, files this Petition for Breach of Marital
Settlement Agreement, and in support thereof, avers as follows:
1. Plaintiff is an adult individual, residing at 115 Southside Drive,Newville,
Pennsylvania 17241.
2. Defendant is an adult individual, residing at the marital residence, 1912 Reservoir
Drive, Carlisle, Pennsylvania 17013.
3. Plaintiff and Defendant entered into a marital settlement agreement (attached hereto
and made a part hereof at Exhibit"A"), drafted by Plaintiff's counsel, October 28, 2010.
4. During the marriage the parties jointly owned property located at 1912 Reservoir
Drive, Carlisle, Cumberland County, Pennsylvania, 17013, (Hereinafter known as the Marital
Residence.).
5. Under the terms of the Marital Settlement Agreement, Wife agreed to give husband a
reasonable time to sell the property or to buy her out. A specific time was not given due to the
weak housing market at that time.
6. Under the terms of the Marital Settlement Agreement, Husband is to be responsible
for all mortgage payments on the marital residence, until it was either refinanced or sold.
7. Plaintiff and Defendant had a mortgage on the Martial Residence with Litton Loan
Servicing LP. from what Wife can learn at this time the mortgage is now with Ocwen Loan
Servicing, Wife does not know under what circumstances the mortgage company has changed.
8. Pertinent parts from the marriage settlement agreement for this instant case are at page
9, paragraph 6 MARITAL RESIDENCE, and page 7, paragraph 1 and 2 REMEDIES AND
SANCTIONS and ATTORNEY'S FEES FOR ENFORCEMENT:
6. MARITAL RESIDENCE/DIVISION OF EQUITY
Marital Residence/Value Husband and Wife jointly own the marital residence
located at 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013. Husband and Wife have agreed
to sell the marital residence. Husband and Wife shall make arrangements to immediately place
the marital residence on the market for sale. Husband and Wife shall cooperate in all aspects of
selling the marital residence. Until the marital residence is sold; Husband shall reside in the
marital residence and be responsible for the mortgage, insurance, taxes and all other costs and
expenses of the maintenance of the marital residence. When the marital residence is sold,from
the proceeds from the sale of the marital residence, the following shall be paid: mortgage; all
costs and expenses incurred in selling the house; and Wife shall be paid the sum of Fifteen
Thousand Dollars and No Cents ($15,000.00) representing her portion of the equity in the
marital residence. After these items have been paid, the remainder of the proceeds from the sale
of the marital residence shall belong to Husband
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
9. Plaintiff has been very patient, but the Defendant refuses to cooperate with her;
A. Refusing to tell Plaintiff or soliciting her advice on a real estate company and
person, not getting her signature on a contract listing the house for sale;
B. It is questionable whether Defendant actually had or has the house for sale on
the market;
C. Defendant used his money to buy new things to the house and himself, not for
improve it for sale but to benefit the Defendant.
10. As a direct effect of the Defendant's failure to place the house on the market for sale,
the Plaintiff has experienced great financial harm.
11. Plaintiff believes the Defendant is deliberately trying to delay selling the house for as
long as he is able, contrary to the terms directed in the marital settlement agreement.
12. Plaintiff through her counsel sent a letter and made telephone calls to the alleged real
estate agent, with no response.
13. Plaintiff through her counsel sent letters to the Defendant with no response
14. Defendant has breached the marital settlement agreement at paragraph 6. Marital
Residence which states " Husband and Wife have agreed to sell the marital residence. Husband
and Wife shall make arrangements to immediately place the marital residence on the market for
sale. Husband and Wife shall cooperate in all aspects of selling the marital residence
When the marital residence is sold,from the proceeds from the sale of the marital residence, the
following shall be paid: mortgage; all costs and expenses incurred in selling the house; and Wife
shall be paid the sum of Fifteen Thousand Dollars and No Cents ($15,000.00) representing her
portion of the equity in the marital residence. After these items have been paid, the remainder of
the proceeds from the sale of the marital residence shall belong to Husband".
15. While Plaintiff's name remains on the mortgage, Plaintiff suffers the inability to get
another home or make any significant purchase for her family. Plaintiff has and continues to
suffer great financial harm due to her name being on the mortgage and not being paid her equity
in the marital residence.
WHEREFORE, Plaintiff, JACQUELINE RENE YOHE, respectfully requests that this
Honorable Court find the Defendant, JAMES EDWARD BROWN, to be in breach of the
marital settlement agreement and ORDER Defendant, JAMES EDWARD BROWN, to
immediately take appropriate actions which will place the house on the market or refinance the
home in the Defendant's name, and pay the Plaintiff, JACQUELINE RENE YOHE,the sum of
Fifteen Thousand Dollars and No Cents, and Defendant, JAMES EDWARD BROWN, shall
pay all counsel fees, costs and expenses Plaintiff, JACQUELINE RENE YOHE, incurred in
bringing this action to court and such additional damages as the court deems appropriate and
necessary..
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO
Dated: October 2013 CO-\120-a
Susan Kay Candi 1 o Esquire
Counsel for Plain '
PA I.D. # 64998
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
EXHIBIT "A"
.444.10, kitsrei
4)00*.
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into thisday of , 2010, by and
between JACQUELINE RENE BROWN and JAMES EDWARD BROWN.
RECITALS
Wife's Birthday and Social Security Number: November 11, 1970 xxx-xx-0104
Husband's Birthday and Social Security Number: October 10, 1971 xxx-xx-1980
Date of Marriage: October 3, 1998
Place of Marriage: Carlisle, Pennsylvania
ca •.
Last Marital Residence: 1912 Reservoir Drive, Carlisle, PA 17013
Date of Separation: February 19, 2010 = u
Children: JAMES KYLER BROWN, born on December 1, 1994
KYRSTEN RENE BROWN, born on September 12, 2000
Pending Court Proceedings: None
Divorce Court of Common Pleas No. 2010-259
of Cumberland County, Pennsylvania
'WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
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 hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the 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 hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, direct or indirect, by the other
in all respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or employment
which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or
malign each other or the respective families of each other at all times and at all locations,
including but not limited to each party's place of work, nor compel or attempt to compel the
other to cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other
country. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
2
(c) Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed 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 defined
as the date of execution by the party last executing this Agreement.
3
•
... .. . .. .. ... .
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been
apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right
to Counsel attached hereto and made a part hereof at Exhibit"A".) The parties acknowledge that
each has been advised of their right to obtain independent legal advice from counsel of their
selection and that they have been fully informed as to their legal rights and obligations, including
all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other
applicable laws. Each party confirms that he or she fully understands the terms, conditions and
provisions of this Agreement and believes them to be fair, just, adequate and reasonable under
the existing circumstances.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily,without any duress, undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
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ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith within a reasonable time,
but not longer than thirty (30) days after demand is made by the other party, execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be
deemed to be a separate and independent covenant and agreement. If any term, condition, clause
or provision of this Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055, or such other address as
Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to James Edward Brown, at 1912 Reservoir Drive, Carlisle,
Pennsylvania, 17013, or such other address as Husband from time to time may designate in
writing.
5
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this Paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
•
regardless of federal or state law to the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party, including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
6
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIBUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances,pictures, books, works of art and
other personal property; and hereafter Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce and forever abandon any claims, which either
may have with respect to the above items, which shall hereafter be the sole and exclusive
property of the other. Wife has some items of personal property remaining at the marital
residence, which Husband has agreed may remain at the marital residence until such time as
Wife is able to move to a larger residence.
2. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 2004 Ford F 250, titled in Husband's name alone, shall hereafter be the sole and
exclusive property of Husband. There is a loan on this vehicle with Cornerstone Federal Credit
Union in Husband's name alone, in the approximate amount of $16,345.00. The approximate
value of this vehicle is $17,555.00. Wife shall waive all right, title and interest she may have in
this vehicle. Husband agrees to be solely responsible for all payments on the loan with
Cornerstone Federal Credit Union. Husband agrees to be responsible for insurance and all other
expenses associated with this vehicle.
7
B. The 2006 G 6 Pontiac, titled in Wife's name alone, shall hereafter be the sole and
exclusive property of Wife. There is a loan on this vehicle with Susquehanna Valley Federal
Credit Union, in Wife's name alone, in the approximate amount of$12,084.00. The approximate
value of this vehicle is a negative $344.00. Husband shall waive all right, title and interest he
may have in this vehicle. Wife agrees to be solely responsible for all payments on the loan with
Susquehanna Valley Federal Credit Union. Wife agrees to be responsible for insurance and all
other expenses associated with this vehicle
C. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
D. In the event that any documents of title to the said vehicles shall be in the hands of a
bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties each have individual checking and savings accounts:
Wife has a checking account with Metro Bank, Husband shall specifically waive, release,
renounce and forever abandon any claims he may have with respect to the Metro Bank checking
account of Wife. The funds in these accounts shall hereafter be the sole and exclusive property
of Wife.
Husband has a savings and checking account with Member's First Federal Credit Union
and Cornerstone Federal Credit Union. Wife shall specifically waive, release, renounce and
forever abandon any claims she may have with respect to the savings and checking accounts with
member's First Federal Credit Union and Cornerstone Federal Credit Union. The funds in these
accounts shall hereafter be the sole and exclusive property of Husband.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. LIFE INSURANCE
The parties do not have any life insurance.
S. RETIREMENT INTEREST
The parties do not have any retirement plans or accounts.
8
6. MARITAL RESIDENCE /DIVISION OF EQUITY
Marital Residence/Value Husband and Wife jointly own the marital residence
located at 1912 Reservoir Drive, Carlisle, Pennsylvania, 17013. Husband and Wife have agreed
to sell the marital residence. Husband and Wife shall make arrangements to immediately place
the marital residence on the market for sale. Husband and Wife shall cooperate in all aspects of
selling the marital residence. Until the marital residence is sold; Husband shall reside in the
marital residence and be responsible for the mortgage, insurance, taxes and all other costs and
expenses of the maintenance of the marital residence. When the marital residence is sold, from
the proceeds from the sale of the marital residence, the following shall be paid: mortgage; all
costs and expenses incurred in selling the house; and Wife shall be paid the sum of Fifteen
Thousand Dollars and No Cents ($15,000.00)representing her portion of the equity in the marital
residence. After these items have been paid, the remainder of the proceeds from the sale of the
marital residence shall belong to Husband
8. JOINT DEBTS AND LIABILITIES
The joint debts incurred during the marriage and unsatisfied at the time of the execution
of this Agreement are as follows:
1) Mortgage on the Marital Residence with Litton Loan Servicing LP. Husband shall
refinance the mortgage on the marital residence removing Wife's name from the
mortgage. Husband shall be responsible for all mortgages, loans, liens,taxes,and
insurance on the marital residence.
2) Vehicle loan with Cornerstone Federal Credit Union for the 2004 Ford F 250, in
Husband's name alone. Husband agrees to be fully responsible for this loan.
3) Vehicle loan with Susquehanno Valley Federal Credit Union for the 2007 G6
Pontiac, in Wife's name alone. Wife agrees to be fully responsible for this loan.
4) Capital One VISA, with an approximate value of$ 900.00, in Husband's name
alone. Husband shall be responsible for this loan.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
9. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of their separate assets, as that term
is defined herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof.
9
B.Limitation to Assets Disclosed: The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other party, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
C. Definition: The term "separate asset" is defined for purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto
and a third party or parties. The term also includes any untitled asset which is presently in the
sole possession of one of the parties hereto. The term shall further include any business interests
owned by either party, whether individually or together with a third party or parties.
D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
10. AFTER-ACQUIRED PROPERTY
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
acquired by him or her after execution of this Agreement, with full 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. RELEASE OF SUPPORT AND ALIMONY/
ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secure sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other. It shall be, from the execution date of this Agreement, the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
12. INCOME TAX RETURNS
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Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
13. COUNSEL FEES AND EXPENSES
Husband and Wife have agreed to be responsible for their individual counsel fees and
expenses incurred in connection with the parties' marital dissolution.
Each of the parties has carefully read and fully considered this Agreement and all of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first written above.
WITNESS � � JACQUE'LINE RENE BROWN
WI
ITNESS (J' ' ES EDWARD BROWN
USBAND
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this, the ;�it`' day of DGt1 -4 , 2010, before me, a Notary Public, the
undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or
satisfactorily proven) to be a member of the bar of the highest court of said State and a
subscribing witness to the within instrument, and certified that she was personally present when
JACQUELINE RENE BROWN and JAMES EDWARD BROWN, whose names are
subscribed to the within Marital Property Settlement Agreement, executed the same, and that
said persons acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEALL
Linda A.Clotfelter,Notary Public ∎tart'Public
Hampden Twp,Cumberland County
My commission e .ires Jime 21,2014 U Commission Expires: s ,, Z i,
11
JACQUELINE RENE BROWN, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs. : NO. 2010-259 CIVIL TERM
JAMES EDWARD BROWN, : CIVIL ACTION-LAW
DEFENDANT : ACTION FOR DIVORCE
WAIVER OF RIGHT TO COUNSEL FOR
MARITAL PROPERTY SETTLEMENT AGREEMENT
T, JAMES EDWARD BROWN, do hereby acknowledge that I am the Husband in this divorce
action.
I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I
am not under any duress, nor were there any threats or promises made to me to coerce my execution of
this Agreement.
I fully understand my property rights as Husband in this divorce action are determined by this
Marital Property Settlement Agreement. 1 agree to fulfill my responsibilities and obligations under this
Marital Property Settlement Agreement.
I have been advised of and do hereby waive my rights to an attorney to represent me on the issue
of the Marital Property Settlement Agreement.
Date: /0 , 2010 !/z.„ : 4�1!
AMES EDWARD BROWN
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND
On this, the "'day of /HIT 1.2.64 , 2010, before me, a Notary Public,the undersigned
officer, personally appeared SUSAN KAY CANDIELLO,known to me (or satisfactorily proven)to be a
member of the bar of the highest court of said State and a subscribing witness to the within instrument,
and certified that she was personally present when JAMES EDWARD BROWN whose name is
subscribed to the within Waiver of Right to Counsel, executed the same, and that said person
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my Ilan. and official Se.
A.
�;014MONATEALTH OF PENNSYLVANIA tart'Pub is
NOTARIAL SEAT. Oy Commission Expires:
Linda A.Clotfelter,Notary Pabhc ,j ut kuL z LiJ tr y
Hampden Twp,Cumberland County
My commission expires June n,2014
EXHIBIT "A"
JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, • CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. •
JAMES EDWARD BROWN,
DEFENDANT • 10-0259 CIVIL TERM
ORDER OF COURT
AND NOW, this day of November, 2013, upon consideration of
Plaintiff's second Petition for Breach of Marital Settlement Agreement filed on October
31, 2013, a hearing is scheduled for Monday, January 13, 2014, at 1:30 p.m., in
Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
dee
Albert ' . Masland,
Susan Kay Candiello, Esquire
For Plaintiff
Andrew H. Shaw, Esquire
For Defendant
:sal
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JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. : NO. 2010-259
: CIVIL ACTION-LAW , c--
JAMES EDWARD BROWN,
Defendant : IN DIVORCE r°
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s L-
MOTION FOR CONTINUANCE
AND NOW, comes the Defendant, James Edward Brown, by and through his attorney,
Andrew H. Shaw, Esquire, and in support thereof, avers as follows:
1. A hearing upon consideration of Plaintiff's Petition for Breach of Marital Settlement
Agreement is scheduled for Monday, January 13, 2014 at 1:30 p.m. before the Honorable Albert
H. Masland.
2. Defendant's grandmother recently died while on a trip to Nevada, and the funeral is
scheduled for Monday, January 13, 2014 in Huntingdon County.
3. In addition to attending the funeral himself, Defendant is planning on taking the parties'
children to the funeral, as they had a relationship with their grandmother.
4. Because of the conflict in time between the funeral and the scheduled hearing, Defendant
is requesting that this Honorable Court continue the scheduled hearing to the next available time.
5. It is Defendant's belief that Plaintiff will not be prejudiced by a continuance.
6. Defendant has informed Defendant's attorney that Plaintiff and Defendant spoke and
reached an agreement to resolve this matter.
7. Defendant's attorney has made multiple attempts through voicemail and e-mail to contact
Plaintiff's attorney regarding this motion, but has had no response, and therefore is unable to
state whether Plaintiff's attorney concurs with this Motion.
8. Further, because Defendant's attorney has had no response from Plaintiff's attorney,
Defendant's attorney has been unable to confirm if the parties have reached a final agreement.
9. Due to the timeliness of this request for a continuance, Defendant is requesting this
Honorable Court grant Defendant's Motion to permit Defendant and his children to attend his
grandmother's funeral.
WHEREFORE, Defendant requests this Honorable Court to Defendant's Motion for
Continuance.
Respectfully submitted,
Date: l Y l ,2 V! y By:
Andrew H. Shaw, Esquire
PA Sup. Ct. ID# 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Defendant
•
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Motion for Continuance, was served this date on the below named,
via e-mail and also by placing same in the United States mail, first-class, postage prepaid
thereon, addressed as follows:
Susan Kay Candiello, Esquire
710 Gladstone Court
Mechanicsburg, PA 17055
skc_law @yahoo.com
Attorney for Plaintiff
Date: /— 9 V 0/4 "_� =� ��✓�
Andrew H. Shaw, Esquire
r \
JACQUELINE RENE YOHE, : IN THE COURT OF COMMON PLEAS OF
a/k/a JACQUELINE RENE BROWN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. : NO. 2010-259
CIVIL ACTION - LAW
JAMES EDWARD BROWN, .
Defendant : IN DIVORCE
ORDER
AND NOW, this / day of January, 2014, upon consideration of Defendant's Motion
for Continuance, a hearing currently scheduled for Monday, January 13, 2014 at 1:30 p.m. is
hereby scheduled for (i� cr�o2 , 2014, at /.'UU /9.m., in Courtroom
b'
Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
Al ert H. Masland, J.
Distribution:YAA,n,Sdrew an Kay Candiello, Esquire (Attorney for Plaintiff)
H. Shaw, Esquire (Attorney for Defendant)
/4///L( r6
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