HomeMy WebLinkAbout02-0517 NMPage 1 of 10
T1 r)
1C Fvr'' -8 P19 I: ^?
ALLC -RTTLEMENT AGREEMENT
THIS AGREEMENT, made this ?~A day of 2009, by and
between Donald E. Bricker, hereinafter referred to as Husband, of 154 Neil Road, Shippensburg,
Southampton Township, Cumberland County, Pennsylvania 17257, and Robin Rae Bricker,
hereinafter referred to as Wife, of 1329 Colona Road, Pocomoke City, Maryland 21815.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on July 23,
1993, in Chambersburg, Franklin County, Pennsylvania with no children having been born of the
marriage; and
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, and the parties hereto
are desirous of settling some of their respective financial and property rights and obligations as
between each other including, without limitation by specification: termination of the marital
relationship, the equitable division of marital property; and the settling of all matters between
them relating to the past, present and future support, alimony, alimony pendente lite, and/or
maintenance of Wife by Husband or of Husband by Wife.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree
as follows:
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended to condone and
shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the
part of the other party which have occasioned the disputes or unhappy differences which have
occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a
mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania
Divorce Code, as amended.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Page 2 of 10
EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any divorce
decree, which may be entered with respect to them.
DATE OF EXECUTION
The "date of execution" or "execution date" of the 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, Jerry A. Weigle, Esquire, for Wife, and Sean M. Schultz,
Esquire, for Husband. The parties acknowledge that they have received independent legal advice
from counsel of their selection and that they fully understand the facts and have been fully
informed as to their legal rights and obligations and they acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall
be. free from any control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such place as they may select.
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 nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Page 3 of 10
SEPARATION DATE
The parties do hereby acknowledge that they separated on or about June 1, 2001. It is
hereby agreed that June 1, 2001, shall be the separation date for purposes of equitable distribution
under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in
writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter
the separation date unless evidenced by written agreement.
AGREED UPON LISTING OF MARITAL ASSETS AND VALUES
Husband and Wife have previously agreed upon listing of marital assets and the values
attached thereto, a copy of which is attached hereto, made a part hereof and marked "Exhibit A".
MOTOR VEHICLES
A. The parties agree that Husband shall become the sole and exclusive owner of the
1997 Ford pickup trick and the 1993 Honda Motorcycle with trailer presently titled in the name of
Husband.
B. The parties agree that Wife shall become the sole and exclusive owner of the 1997
Mercury Villager mini van motor vehicle presently titled in the name of Wife.
PERSONAL PROPERTY
A. The parties agree that the following items of personal property presently in the
possession of Husband shall become the sole and exclusive property of Wife and shall be
transferred to her immediately upon the execution of this Marital Settlement Agreement:
1. Mounted "sailfish" located in basement of former marital residence.
2. Carnival glass (20-25 pieces)
3. Car seat for 1997 Mercury Villager Mini Van
B. Husband and Wife do hereby acknowledge that with the exception of the items
specified in Paragraph A they have previously divided their tangible personal property, including
but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment, tools
and appliances, vehicles, 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 whatever claims, if any, he or she may have with respect to the above items,
which shall become the sole and separate property of the other.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Page 4 of 10
AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of personal property, tangible or intangible, hereafter acquired by him or her,
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 not married.
REAL ESTATE
The parties hereto acknowledge and agree that they are owners of real estate located in
Southampton Township, Cumberland County, Pennsylvania 17257, and more specifically known
as 154 Neil Road, Shippensburg, Southampton Township, Cumberland County 17257. For and in
consideration of the mutual covenants and agreements herein contained in the body of this
instrument, Husband and Wife further stipulate and agree that said real estate shall be retained by
Husband. Furthermore Husband shall cause the parties joint mortgage obligation thereon to be
refinanced as soon as is reasonable and practical upon the execution of this Agreement so as to
remove Wife's name from any liability thereon. Husband further agrees to indemnify and hold
Wife harmless from any liability on the current mortgage obligation until the same can be satisfied
as outlined above. Wife agrees to execute any and all documents necessary to convey sole and
complete legal title to the above described real estate to Husband.
WAIVER OF SPECIFIED CLAIMS BY WIFE
Wife hereby waives any and all right to claim any interest or share in Husband's pension
or retirement plan, through Martin's Famous Pastry Shoppe located in Chambersburg, Franklin
County, Pennsylvania 17201 with an agreed upon value of $164,683.00.
WAIVER OF SPECIFIED CLAIMS BY HUSBAND
Husband hereby waives any and all right to claim any interest or share in any pension
benefit, past or present, to which Wife has an interest.
FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS AND INVESTMENT
ACCOUNT
The parties hereto agree that the joint Farmers and Merchant Bank checking account and
savings account and an Ameritrade Investment account in the name of Husband shall become the
sole and exclusive property of Husband.
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Page 5 of 10
WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that he or she has not heretofore incurred or contracted for any debt
or liability or obligation for which the estate of the other party may be responsible or liable except
as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party
harmless from and against any and all such debts, liabilities or obligations of every kind which
may have heretofore been incurred by them, including those for necessities, except for the
obligations arising out of this Agreement.
TIME SHARE ASSETS
Husband and Wife are presently joint owners of three (3) time share vacation units known
as a Sea Gardens Cabana Time Share located in the State of Florida, a Santa Barbara Time-Share
also located in the State of Florida and a Lawence Welk Desert Oasis Time-Share (hereinafter
referred to as the Palm Springs Time-Share) located in the State of California. The parties hereto
agree that the Sea Gardens Time-Share interest shall become the sole land exclusive property of
Husband and the Santa Barbara Time-Share interest shall become the sole and exclusive property
of Wife. Each party hereto agrees to execute any and all legal documents necessary to convey the
Sea Gardens and Santa Barbara interests to each other as provided above.
Immediately upon the execution of this Marital Settlement Agreement, the parties hereto
agree to list their interest in the Palm Springs Time-Share for sale with a reputable and
experienced time-share selling agent at the time-shares' then fair market value and to equally
divide the net proceeds of sale upon sale.
CASH PAYMENT TO WIFE FROM HUSBAND
In consideration of Wife's waiver of all rights arising from the marital relationship except
as provided in this Marital Settlement Agreement, Husband shall pay to Wife the sum of
$185,683.05 pursuant to an agreed upon division of a Marital Estate of $431.166.09 (less the Palm
Springs Time-Share asset which is to be sold and the net proceeds therefrom equally divided
subsequent to the execution of this Marital Settlement Agreement, or $417,166.09), a copy of
which is attached hereto and made a part hereof and marked "Exhibit B" as follows:
?y A. The full sum of Forty Thousand ($40,000.00) Dollars to be paid upon the execution of
this Agreement.
B. The full sum of $100,000.00 to be paid from Husband's retirement asset into a
qualified roll-over account to be established by Wife within 7 days from the execution
of this Agreement. Husband agrees to make said payment from his retirement account
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Page 6 of 10
to the account to be established by Wife or to execute any and all documents necessary
to permit a direct transfer from Husband's pension fund to Wife's newly established
IRA Account within seven (7) days after being so notified in writing that Wife's
rollover account has been established and that the retirement funds to be transferred are
available for transfer.
C. The balance of the cash payment to be made by Husband to Wife pursuant to this
paragraph, to wit, the full sum of Forty-Five ($44,596-$6) Dollars shall be paid within
sixty (60) days of the execution of this Agreement. -4s, &83.OST 16'0-6
D. In the event that a Qualified Domestic Relations Order is requested by Husband's
employer to fulfill Husband's obligation under Paragraph B above, the parties agree
that said Order will be drafted by counsel for Wife and submitted to the appropriate
Court of Common Pleas exercising proper jurisdiction.
WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now and at
all times hereafter save harmless and keep the. other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement and that neither of them shall
hereafter incur a liability whatsoever for which the estate of the other may be liable.
LEGAL FEES
Wife shall pay the cost of legal fees incurred in preparation of this marital agreement and
all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Husband
agrees to cooperate by executing the necessary consents and other documents required to
effectuate said divorce, as requested by Wife's attorney.
INCOME TAX RETURNS
The parties agree to file separate federal and state income tax returns.
MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of each other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interest, or claims in or against the property
(including income and gain from property hereafter accruing) of the other or against the estate of
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Page 7 of 10
such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether arising
out of any former acts, contracts, engagements or liabilities of such other or by way of dower,
courtesy, or claims in the nature of dower or courtesy or widow's or widower'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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
other country, except, and only except, all rights and. agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision thereof.
It is the intention of Husband and Wife to give to each other by the execution of this Agreement a
full, complete and general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof.
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 of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of
the Pennsylvania Divorce Code, as amended. Wife agrees to pursue the present divorce action
filed to No. 02-517 Civil, 2001, in the Court of Common Pleas of Cumberland County,
Pennsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents,
including the Affidavit of Consent, at such time after the ninety (90) days of filing of the
Complaint and further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party any and all future instruments and/or
documents that the other party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Page 8of10
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth
of Pennsylvania.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall insure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be available to him or her, and the party breaching this contract shall be responsible
for payment of legal fees and costs incurred by the other in enforcing their rights under
this Agreement.
WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their rights or have been advised to seek counsel
to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980,
Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses. Both parties agree that this
Agreement shall conclusively provide for the distribution of property under the said law and
except as specifically provided for in this agreement, hereby waive, release and relinquish any
further rights they may respectively have against the other for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses. From the date hereof, each
party may acquire either personal or real property in their own name. Any property so acquired
shall be owned solely by the individual and shall not be subject to any claim whatsoever by the
other party.
FINANCIAL DISCLOSURE
The parties confirm that they have relied on the substantial accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement.
ENTIRE AGREEMENT
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.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Page 9 of 10
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 it be
construed as a waiver of strict performance of any other obligations herein.
SEVERABILITY
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
provisions 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 the conditions precedent, shall in no way void or alter the remaining obligations of
the parties.
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.
VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, and that it is not the result of any duress or
undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESS:
lea- .
R IN RAE BRICKER
DONALD E. BRICKER
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Page 10 of 10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, thel day of -, 2009, before me a Notary
Public, the undersigned officer, personally appeared Robin Rae Bricker, known to me (or
satisfactorily proven) to be, the person whose name is subscribed to the within Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Jerry A. Weigle, Notary Public
Shippensburg, PA Cumberland Courtry
,Av Commission Expires Octct pr 7, 2010
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
(SEAL)
On this, the n? day of A p r o , 2009, before me a Notary
Public, the undersigned officer, personally appeared Donald E. Bricker, known to me to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
CO MONWEALTH OF PENNSYLVANIA
Notarial Seal "&hA4,?SEAQ
Doky M. Hock wberry, Notary Public
Middlesex Twp., Cumberland Canty
Y Corrrmission Expin3s Sept. 24, 2010
Member, Pennsylvania Assodabon of Notariss
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER,
Plaintiff
V.
DONALD E. BRICKER,
Defendant
No. 02-517 CIVIL
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
r $ r C=
Cr r ? c
a
r c
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 the Complaint: mailed to Defendant by United States
Certified, Return Receipt Requested, Addressee Only, Mail on February 5, 2002, and accepted by
Defendant on February 6, 2002.
3. Date of execution of the Plaintiff s Affidavit of Consent required by Section 3301(c)
of the Divorce Code: September 14, 2009; by the Defendant: November 5, 2010.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: September 18, 2009.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: November 8, 2010.
OFFICE OF SEAN M. SHULTZ, P.C.
Date: November 8, 2010
-gean M. Shultz, Esquire
Attorney I.D. No. 90946
4 Irvine Row
Carlisle, Pennsylvania 17013
(717) 701-8412
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER, CIVIL ACTION - LAW
Plaintiff,
Vs. NO. S"17 CIVIL
DONALD E. BRICKER,
Defendant. IN DIVORCE
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
judgement 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 grounds 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 Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
A O EQI& M PENUM L I HEREIN
AND A HEARING IS R,_ 0jZS 'TD.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1897
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER, CIVIL ACTION - LAW
Plaintiff,
vs. NO. Cu -'r17 CIVIL
DONALD E. BRICKER,
Defendant IN DIVORCE
COUNT I - IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Robin Rae Bricker, by and through her attorneys,
Weigle, Perkins & Associates, and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce
from the above-named Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff, Robin Rae Bricker, is an adult individual presently residing at 629 Pintail
Drive, Horntown, Accomac County, Virginia 23395, with a mailing address of PO Box 272,
Horntown, VA 23395, since June, 2001.
2. Defendant, Donald E. Bricker, is an adult individual presently residing at 154 Neil Road,
Shippensburg, Cumberland County, Pennsylvania, 17257, since November 1997.
3. The Plaintiff and Defendant are nationals and citizens of the United States of America. The
Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least
six (6) months immediately previous to the filing of the Complaint in Divorce. The Plaintiff
currently resides within the Commonwealth of Virginia.
4. The Plaintiff and Defendant were married on July 23, 1993, in Chambersburg, Franklin County,
Pennsylvania.
5. Plaintiff previously filed a Complaint in Divorce in Franklin County, Pennsylvania, to No. 2000-
984 Civil, on March 28, 2000. Said Complaint was withdrawn on or about June 15, 2000, when
the parties reconciled.
6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to
request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSHURG. PA 17257-1397
S. The parties have lived separate and apart since June, 2001.
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set
forth in full.
11. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and
injured spouse, such indignities as to render Plaintiffs condition intolerable and Plaintiffs
life burdensome.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
12. Paragraphs 10 through 11 of Plaintiffs Complaint are incorporated herein by reference as though
set forth in full.
13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal,
during their marriage from July 23, 1993, until June, 2001, date of separation, all of which
property is "marital property".
14. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-
marital property" which has increased in value since the date of the marriage and or subsequent
to its acquisition during the marriage, which increase in value as marital property.
15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to
the date of the filing of this Complaint and substantial portions of said property are in the
exclusive control of Defendant.
16. Plaintiff requests the Court to equitably divide all marital property.
WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin
Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and
personal property of the parties.
WEIGLE, PERKINS $ ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
COUNT ly - ALIMONY PENDEVTE r.rs
17. Paragraphs 12 through 16 of Plaintiffs Complaint are incorporated herein by reference as though
set forth in full.
18. Plaintiff is presently employed on a part-time basis but is without adequate fluids to support
herself and is presently unable to sustain herself and to pay necessary legal costs during the
pendency of this action.
19. Defendant is presently employed and draws substantial sums of income from his employment.
20. Defendant has railed and refused to support Plaintiff adequately since the parties' separation.
21. Plaintiff requests that this petition be heard by the Cumberland County Domestic
Relations Office.
22. Plaintiff prays your Honorable Court grant a Rule on Defendant to show cause why an Order
should not be made upon him to pay Plaintiff alimony pendente lite.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
WEIGLE., PERKINS & ASSOCIATES
erry A. igle, Esquire
Attorney for Plaintiff
Attorney ID # 01624
126 East King Street
Shippensbur& PA 17257
717-532-7388
WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KINK STREET - SHIPPENSOURG. PA 17287_1997
VERIFICATION
I verify that the statements made in the foregoing Com t in Divorce are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, rekting to
unworn falsification to authorities.
Dated: / - D? -- 6;9
Rob' Bricker, Plaintiff
WEIGLE. PERKINS fi ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17287-1387
Co
CF T,
0231130 AM11:55
CUMBERLAND COUNTY
KENNSYLVANIA
?i?s sv
? s. oo-Sit
tgss-v-
po,
' A1riD
TOO" vom"EY? AT
126 tAff NA• v",
(717?
rr y.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYiPENNStYLVANIA
ROBIN RAE BRICKER,
Plaintiffs
vs.
DONALD E. BRICKER,
Defndant.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
Rhonda R. Wolford, being duly sworn according to law, deposes and says that on
February 6, 2002, a true and attested copy of Divorce ComplWat and Notice to Defend was served
upon the Defendant, Donald E. Bricker. Manner of service: by mailing the same postage paid, certified
mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows:
Donald E. Bricker
154 Neil Road
Shippensburg, PA 17257
Sworn to and subscribed before me this
L day of 2002.
or
Notary Public
CIVIL ACTION - LAW
NO. 02-517
IN DIVORCE
((dwk ? 6A)y -
Rhonda R. Wolford
m ftm . _ v
I ex0W Jima 7, 20d?
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
02MERLAND CO9Tm,P ? .VANIA
ROBIN RAE BRICKER, CIVIL ACTION - LAW
Plaintiff,
.
VS. NO. 02-517 CIVIL
DONALD E. BRICKER, .
Defendant. IN DIVORCE
m
m #go43'I• : 1o.s7
10 CMMIod FN Celli Ln St.
a
m Mews
o ms I, Icm d 00m) 13.20
a vbW wwewo. • Few $ six OT/0?/2141
-R -tvnnolA m
S. R-c i r .?......w......_ .............
ewe`, «f?"swr
r` p% I a5"1
1 mm 2 w 1111110" SwAss" wlw0 Nom! b n0 M
•,.flowIuw?+r &ind?ilk ?ionbnwnndMNbmaNitwammn Mir
*#ft ?M11oiemlb1M*WdMrm"mmaon%bftN"mdonnd 1. 17 /Id*enWsAdibm s
tlprwM? ' m ft w> bMww w "W om" 2.xRMbfW 0Wvwy
?iNw how ;=; ohm b *00 fn NN dMM end MM IMP
d ?Ofl*1? pOM11Mr11Qf N!.
bald E7. t3t'icker - d?y--=
R.a.ww o a so d
154 nefl R,aa
°
S ippPn?? I Pfl R `oW a ? .
taMNawdr* 0000 ?
?. Daft of DdWy
1y4eW* 4L v • r
s. and fm b po"
PS Flom 1, Ow W bwr 104 to?eoe 1ai?o,ro
11 WL°IGLE, PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1997
fl? FFP, I J Ali l l: 4 7
i jva-i?Ljd,; O luNly
r cNNSYLUAN;A
l
i
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER,
Plaintiff No. 02-517 CIVIL
V.
IN DIVORCE
DONALD E. BRICKER,
Defendant
AFFIDAVIT OF CONSENT
STATE OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
M'
-<> q c
77
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was
filed on January 30, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the Decree.
4. 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 prior to a Divorce Decree being handed down by the Court.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S.,
Section 4904 relating to unsworn falsification to authorities.
I I ?S \-?vz? ?&4
-16P Date: _ , 2010 ?C.e?cJ
Robi Rae Bricker
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER,
Plaintiff No. 02-517 CIVIL
Z S
v r? M
. IN DIVORCE
DONALD E. BRICKER, ?•
- a_ co
Defendant
(D
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY -<
OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 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.
§4904 relating to unworn falsification to authorities.
Date: `
I'
Robin Rae Bricke
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER,
Plaintiff No. 02-517 CIVIL
V.
DONALD E. BRICKER,
Defendant
STATE OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
IN DIVORCE
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was
filed on January 30, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the Decree.
4. 1 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 prior to a Divorce Decree being handed down by the Court.
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: ! 2009 ? A&We I ,
Donald E. Bricker
FILED-OFFICE
OF THE PF1740MOTAAY
2009 SEP 18 PM 3*. 2 4
CU??IE?:;?r i- 0)UNTY
PENNSYLVANIA
f 1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN RAE BRICKER,
Plaintiff No. 02-517 CIVIL
V.
IN DIVORCE
DONALD E. BRICKER,
Defendant
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 bf
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.
$4904 relating to unworn falsification to authorities.
Date:
Donald E. Bricker
HIED-CYFICE
OF THE PROTHONOTARY
2089 SEP 18 PM 3: 2 5
CUMS.t-L.,. iL) i_.UUNN
PENNSYLVANIA
ROBIN RAE BRICKER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DONALD E. BRICKER
DIVORCE DECREE
AND NOW, N? i7 , Z0 / ° , it is ordered and decreed that
ROBIN RAE BRICKER , plaintiff, and
DONALD E. BRICKER , 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.")
The Marriage Settlement Agreement dated April 2, 2009, is hereby incorporated,
but not merged, into this Decree.
NO. 2002-517
By the Court,
44