HomeMy WebLinkAbout05-3180?J
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2005 -3/CIVIL TERM
CHARLES A. BROUGH, III,
Defendant. IN DIVORCE
NOTICE
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 in 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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or
hearing.
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
318
2005- CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
'IONS 3301(C) AND (D OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Debra A. Brough, by and through her attorneys, Irwin, &
McKnight, and files this Complaint in Divorce against the Defendant, Charles A. Brough, III,
representing as follows:
1. The Plaintiff is Debra A. Brough, an adult individual residing at 230 Marion
Avenue, Carlisle, Cumberland County, Pennsylvania 17013
2. The Defendant is Charles A. Brough, III, an adult individual currently residing at
52 Seavers Road, Newville, Cumberland County, Pennsylvania 17241.
3. The Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on September 20, 1997 in
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as
the grounds upon which this action is based that the marriage between the parties is irretrievably
broken.
7. The Plaintiff avers that she has been advised of the availability of counseling and
that said party has the right to request that the court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties.
Respectfully submitted,
IRWIN &
By:
Marcus MeI ngI{t, III, Esquire
Supreme ourt I.D. No. 25476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: June 21, 2005
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
DEBRA A. BROUGH
Date: June 21, 2005
DEBRA A. BROUGH,
Plaintiff,
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005- CIVIL TERM
CHARLES A. BROUGH, III,
Defendant.
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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.
2. I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June 21, 2005 -L--
DEBRA A. BROUGH
Plaintiff
?O
ZN)
?- c
U
C4
n r?
`i
? hJ
DEBRA A. BROUGH,
Plaintiff,
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 31130 CIVIL TERM
CHARLES A. BROUGH, III,
Defendant.
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Charles A. Brough, III, on July 2, 2005, by certified, restricted delivery mail, addressed to him at
52 Seavers Road, Newville, Pennsylvania 17241, with Return Receipt Number 7003 3110 0004
5770 5605.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penaltie of 18 F'a. S. Section 4904, relating to
unworn falsification to authorities.
RCUS ASP cKNIG T, III, ESQUIRE
Attorney for`Plaintiff
Date: July 6, 2005
un
O
.L
Ln
0
M1
M1
V'I
I-
M
m
0
0
r9
a
m
m
0
0
M1
C7 o p
C_ ?T
? v Q
r.
c., Oc.?
4n
N
. +. i.y,=,{:.. "`,"x"?'} .°?Lm, ,'w..:e a$b'??i:!i!5w`t•:M`.m+M.•,, ?' Y,N'Mm .. eXt vi?.l. n
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Charles A. Brough, III, Defendant, moves the Court to appoint a Master with respect to the
following claims:
(x) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
( x) Distribution of Property
( ) Support
( x) Counsel Fees
( x) Costs and Expenses
and in support of the Motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested.
2. The defendant has appeared in the action by his attorney, Michael O. Palermo, Jr., Esquire.
3. The statutory ground(s) for divorce is irreconcilable differences.
4. The action is contested with respect to the following claims: equitable distribution, counsel
fees, costs and expenses.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take '/Z day.
7. Additional information, if any, relevant to the Motion: None.
la z o 6 '
Date:
Michael O. Palermo, Jr. Esquire
Attorney for Defendant
n r-11) o
J
- ? -T,
C7
2-
r JUN 0 5 200pe
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2005-3180 CIVIL TERM
CHARLES A. BROUGH, III,
Defendant : IN DIVORCE
ORDER APPOINTING MASTER
AND NOW, this 7J4` day of '2006 tqohQ 09squire,
is appointed Master with respect to the following claims:
1. Divorce.
2. Equitable Distribution
3. Counsel fees.
4. Costs and expenses.
By the Court: G
J.
O??v
'. U7 te
l r
-.
r
tL cll W. ? -'
? °
C
.a U
DEBRA A. BROUGH,
Plaintiff/Petitioner,
V.
CHARLES A. BROUGH, III,
Defendant/Respondent
2005 - 3180 CIVIL TERM
IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this 29th day of June, 2006, comes the Petitioner, Debra A. Brough, by her
attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against
the Respondent, Charles A. Brough, III, as follows:
1.
The Petitioner is Debra A. Brough who is the Plaintiff in a divorce action filed at Docket
Number 2005-3180 in the Court of Common Pleas of Cumberland County, Pennsylvania. Her
address is 132 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2.
The Respondent is Charles A. Brough, III who is the Defendant in this divorce action.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Costs and expenses; and
c. Counsel fees.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WHEREFORE, the Petitioner, Debra A. Brough, requests the relief set forth above.
Respectfully submitted,
IRWIN & McKNIGHT
By:
4Westmfret night, I Esq.
Street
3
Sup reme Court I.D. N--2.
Attorney for the Petitioner,
Debra A. Brough
Date: June 29, 2006
2
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
DEBRA A. BROUGH
Date. June 29, 2006
? ?
? O
a
? ? a
?a
;_'
r.?
.,
,,
a_
??.
?,
'.
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL RELIEF
NOW COMES, Michael O. Palermo, Jr., Esquire, for Petitioner, Mr. Charles A. Brough, III,
and in support of this Petition for Special Relief avers as follows:
1. Your Petitioner is Charles A. Brough, III, who resides at 52 Seaver's Road, Newville,
PA. 17241.
2. Respondent/Plaintiff is Debra A. Brough who resides at 132 Woods Drive,
Mechanicsburg, PA 17055.
3. Respondent, through counsel, Marcus McKnight filed the above docket Divorce Action
in the Cumberland County Court of Common Pleas on or about June 21, 2005.
4. On or about September 14, 2005 Respondent/Plaintiff filed a Complaint for support with
the Domestic Relations Office in Cumberland County.
5. As a result of the Domestic Relations Order, Respondent receives approximately Eight
Hundred Twenty-Eight and 667100 (8828.66) per Month.
6. Petitioner avers that the Respondent has outstanding theft charges in Cumberland County
related to her employment at Lakeview Home Health Services.
7. Petitioner and Respondent are joint owners of a residence located at Seaver's Road,
Newville, PA. 17241.
8. Said property was recently appraised at One Hundred Forty-Three Dollars ($143,000.00).
9. Respondent, while still living in the marital home took out a loan, which your Petitioner
co-signed, for an alleged interest in Lakeview Home Health Services, located at 25 Enck
Drive, P.O. Box 600, Boiling Springs, Pa 17007.
10. The loan is held by Sovereign Bank, 10-42 1 -CP2, located at 525 Lancaster Ave., Reading,
Pennsylvania, in the amount of sixteen thousand six hundred thirty one dollars and
eighteen cents. ($16, 631.18). See Exhibit "A".
11. Previously, Respondent paid said loan on a monthly basis, however as of October 2005
no payment has been made by Respondent. See Exhibit "B"
12. Your Petitioner, personally and through counsel has repeatedly asked that Respondent
pay this loan as it is payable monthly. Under loan installment account number
6817195756.
13. Your Petitioner is experiencing financial hardship and unable to pay said loan.
14. Your Petitioner has previously paid and continues to pay toward said loan to keep the
residence out of foreclosure.
15. Upon information and belief Counsel, Michael O. Palermo, Jr., has learned that
Respondent, through Attorney McKnight, intends to litigate with her former business
enterprise/employer liability for said loan.
16. Counsel has also been contacted by Angela Thomas, Esquire, Counsel for Lakeview
Home Health Services and has confirmed the same.
17. Petitioner as well as Respondent will suffer a substantial financial loss as a result of a
Foreclosure action on said property. In addition to an unfavorable credit rating and a
decrease in the amount of profit to be distributed in the Equitable Distribution.
18. It is an unduly burdensome and punitive to allow Respondent to shirk her responsibilities
of payment of the loan in question and fundamental fairness dictates that Respondent be
Ordered to make the monthly payments or the amount requested by Sovereign Bank to
keep said loan in good standing and thus keep the residence located at 52 Seavers Road,
Newville, PA 17241, free from Foreclosure proceedings.
WHEREFORE, Your Petitioner respectfully requests that Respondent, Debra A.
Brough, be ORDERED and DIRECTED to make the requisite payment to Sovereign Bank to
satisfy the payment on said loan and keep the residence free and clear from foreclosure
proceedings; and/or that Petitioner be permitted to pay the loan and off set his spousal support by
the amount paid.
Respectfully submitted,
Date:
ROMINGER & WHARE,
AiPa44--
Michael O. Palermo, r., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant/Petitioner
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-3180 CIVIL TERM
CHARLES A. BROUGH, III,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr, Esquire, attorney for Charles A. Brough, III, do hereby certify
that I this day served a copy of this Emergency Petition for Special Relief upon the following by
depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed
as follows:
Debra A. Brough
c/o Marcus A. McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Dated: 8:// /616
Michael O. Palermo, Jr., Esquire
Attorney for Defendant/Petitioner
05/20!2005 07:11
Payoff Statement
To: Charles A Brough III
Debra A Birvu?h
52 Seems Rd.
NavMke PA 17241.9526
Installment Loan #:
Principal Balance:
Inwaet Due:
Lien 11108f flan Recording Fee:
Insurance Due:
Oftr Fees:
Late charges Due:
Escrow:
Unapdied:
Parading;
Extension Refunq:
Early Payoff Fee:
Fax Fee:
May 19, 2005
Account Of Charles A Brough Ill
Debra A Broto
52 Beavers Rd.
Newvllis PA 17241-9529
8817195755
$16,540.09
844.10
$27.00
00.00
$0100
00.00
40.00
$0.00
$0.00
$0,00
$0.00
$15.00
Payoff Total; $16,631, 8
This Payoff Total is good unfit 06/010 however, if the payoffs not received on that date, please add $3.50 (per diem) per day
for every day lhareaftar.
Ovary Mbn hoe WMA made 190 WW" M=WG y In thw 001e4100" , In lha event or! cak:ulaNOn Or clod* error, a over"" wiN be ftndad to the
custarrer by 8avanron Dank, 00 any ehottapes (kwkadlnp returned Mod 3) wtN be pelq glnlctly to Sovenlpn Sank by IM d Onoa the PalfoR. whbh
ina wdee a Nan "Neftew nseerrdprp fee has boon rowNad, trw Non documents wlil he sent to the e4vfttlouae and recorded utidyor Nan. if a e f, whic
110 the
eMOM to omit tha Nan *AW*ation rwrtfkV tee term thalr ppyof, tha customer WQI tie naponOW for nteerOnp the Intell
ection of Nan, providae to I by
Sworaidn Bonk, unless oUtarw4o requWod by ewte taw. Ail eatlulty wIN continue or this ecoount vA111 p has tram reoalwd.
EWM return tifrls farm witlt_ Mk tf adg Rlnbls to,
Sovereign sank
10-x421-CP2
525 Lancaster A".
Reading, PA 19611
Requested By: Deb and Charles Phana Number: Fax Numtfat: 717.240-0930
Prepared By., 06-75 Payoff Fox Nufter: 810-236- l$5 Phone Number: 877.7w 265
SLC(D 4cr f\.Q-'?'_+ 3 (."rio,
< PETITIONER'S
§ EXHIBIT
a
A
-
-
Sovereign Bank
oo
CHARLES A BROUGH III
DEBRA A BROUGH
52 SEAVERS RD
NEWVILLE PA 17241
10/05/05
LOAN NO.00000000066817195756*************** BALANCE:$ X22-8-.-00
AMT. PAST DUE:$ 215.97 **************************************
LATE CHARGE(S):$ 21.59 *************************************
DUE DATE: 09/18/05****************** TOTAL AMT. DUE:$ 237.56
DEAR CHARLES A BROUGH III DEBRA A BROUGH
YOUR LOAN IS PAST DUE FOR THE 09/18/05 PAYMENT. THE AMOUNT
NECESSARY TO BRING YOUR LOAN CURRENT IS $237.56.
PLEASE SEND $ 237.56 TODAY OR CALL ME AT THE TOLL FREE
PHONE NUMBER NOTED BELOW TO DISCUSS ALTERNATIVE PAYMENT
ARRANGEMENTS.
IF YOU HAVE ALREADY PAID THE TOTAL AMOUNT PAST DUE, PLEASE
DISREGARD THIS NOTICE.
SINCERELY,
EMILY MILLER
COLLECTION REPRESENTATIVE
CALL 800-207-8767
LN002
*** FOR YOUR CONVENIENCE WE OFFER CHECK BY TELEPHONE AND
ACCEPT WESTERN UNION QUICK COLLECT PAYMENTS.
*** WE ARE ATTEMPTING TO COLLECT A DEBT FROM YOU AND ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
MAIL PAYMENTS TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-6255
PLEASE SEND ALL CORRESPONDENCE TO: SOVEREIGN BANK
a PETITIONER'S
EXHIBIT
a
P.O. BOX 16255
READING, PA 19612-625
Sowereign Bank
DEBRA A BROUGH 10/05/05
52 SERVERS RD
NEWVILLE PA 17241-9529
LOAN NO.00n-00000066817195756*************** BALANCE:$ 16,228.10
AMT. PAST DUE:$ 215.97 ***********************************?`**
LATE CHARGE(S):$ 21.59 *************************************
DUE DATE: 09/18/05****************** TOTAL AMT. DUE:$ 237.56
DEAR DEBRA A BROUGH ,
THE LOAN YOU CO-SIGNED IS PAST DUE FOR THE 09/18/05 PAYMENT.
THE AMOUNT NECESSARY TO BRING THE LOAN CURRENT IS $237.56.
PLEASE SEND $ 237.56 TODAY OR CALL ME AT THE TOLL FREE
PHONE NUMBER NOTED BELOW TO DISCUSS ALTERNATIVE PAYMENT
ARRANGEMENTS.
IF YOU HAVE ALREADY PAID THE TOTAL AMOUNT PAST DUE, PLEASE
DISREGARD THIS NOTICE.
SINCERELY,
EMILY MILLER
COLLECTION REPRESENTATIVE
CALL 800-207-8767
LN051
*** FOR YOUR CONVENIENCE WE OFFER CHECK BY TELEPHONE AND
ACCEPT WESTERN UNION QUICK COLLECT PAYMENTS.
*** WE ARE ATTEMPTING TO COLLECT A DEBT FROM YOU AND ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
MAIL PAYMENTS TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-6255
PLEASE SEND ALL CORRESPONDENCE TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-625
-? 'Sovereign Bank
10/05/05
000079-0001 031005
DEBRA A BROUGH
52 SEAVERS RD
NEWVILLE PA 17241-9529
LOAN NO.00000000066817195756*************** BALANCE:$ 16,228.00
AMT. PAST DUE•$ 215.97 **************************************
LATE CHARGE(S)•$ 21.59 *************************************
DUE DATE: 09/18/05****************** TOTAL AMT. DUE:$ 237.56_
DEAR DEBRA A BROUGH ,
THE LOAN YOU CO-SIGNED IS PAST DUE FOR THE 09/18/05 PAYMENT.
THE AMOUNT NECESSARY TO BRING THE LOAN CURRENT IS $237.56.
PLEASE SEND $ 237.56 TODAY OR CALL ME AT THE TOLL FREE
PHONE NUMBER NOTED BELOW TO DISCUSS ALTERNATIVE PAYMENT
ARRANGEMENTS.
IF YOU HAVE ALREADY PAID THE TOTAL AMOUNT PAST DUE, PLEASE
DISREGARD THIS NOTICE.
SINCERELY,
EMILY MILLER
COLLECTION REPRESENTATIVE
CALL 800-207-8767
LN051
*** FOR YOUR CONVENIENCE WE OFFER CHECK BY TELEPHONE AND
ACCEPT WESTERN UNION QUICK COLLECT PAYMENTS.
*** WE ARE ATTEMPTING TO COLLECT A DEBT FROM YOU AND ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
MAIL PAYMENTS TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-6255
PLEASE SEND ALL CORRESPONDENCE TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-625
?t Sovereign Bank
10/05/05
000035-0001 051005
CHARLES A BROUGH III
DEBRA A BROUGH
52 SEAVERS RD
NEWVILLE PA 17241
LOAN NO.00000000066817195756*************** BALANCE:$ 16,228.00
AMT. PAST DUE•$ 215.97 **************************************
LATE CHARGE(S)•$ 21.59 *************************************
DUE DATE: 09/18/05****************** TOTAL AMT. DUE:$ 237.56
DEAR CHARLES A BROUGH III DEBRA A BROUGH
YOUR LOAN IS PAST DUE FOR THE 09/18/05 PAYMENT. THE AMOUNT
NECESSARY TO BRING YOUR LOAN CURRENT IS $237.56.
PLEASE SEND $ 237.56 TODAY OR CALL ME AT THE TOLL FREE
PHONE NUMBER NOTED BELOW TO DISCUSS ALTERNATIVE PAYMENT
ARRANGEMENTS.
IF YOU HAVE ALREADY PAID THE TOTAL AMOUNT PAST DUE, PLEASE
DISREGARD THIS NOTICE.
SINCERELY,
EMILY MILLER
COLLECTION REPRESENTATIVE
CALL 800-207-8767
LN002
*** FOR YOUR CONVENIENCE WE OFFER CHECK BY TELEPHONE AND
ACCEPT WESTERN UNION QUICK COLLECT PAYMENTS.
*** WE ARE ATTEMPTING TO COLLECT A DEBT FROM YOU AND ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
MAIL PAYMENTS TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-6255
PLEASE SEND ALL CORRESPONDENCE TO: SOVEREIGN BANK
P.O. BOX 16255
READING, PA 19612-625
('? r•a
- c__.?
C:jl ?
_ ??
? ? ? ? }?
Y \ -r)Ii
^ ?? i
`
.T ? ?? A ..
...'.v....
v .__ t
?A?
.
1_ ?'
DEBRA A. BROUGH,
Plaintiff/ Respondent
V.
CHARLES A. BROUGH, III,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
IN DIVORCE
PETITION FOR ECONOMIC RE, EF
4
AND NOW, this day of August 2006, comes the Petitioner, Charles A. Brough III,
by his attorney, Michael O. Palermo Jr., of ROMINGER &WHARE, and makes the following
Petition for Economic Relief against the Respondent, Debra A. Brough, as follows:
1. The Petitioner, Charles A. Brough III who is the Defendant in a divorce action filed at
Docket Number 2005-3180 in the Court of Common Pleas of Cumberland County, Pennsylvania.
His address is 52 Seavers Road, Newville, Cumberland County, Pennsylvania 17241.
2.
3.
The Respondent/ Plaintiff in this divorce action is Debra A. Brough.
The Petitioner seeks the following relief from Court:
a. Equitable distribution of marital assets;
b. Costs and expenses; and
c. Counsel fees.
WHEREFORE, the Petitioner, Charles A. Brough III, request the relief set forth above.
Respectfully Submitted,
ROMINGER & WHARF
Dated: b°
sy:
Michael O. Palmer Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Attorney ID No.: 93334
Attorney for Defendant/Peiiioner
VERIFICATION
I, Charles A. Brough III, Defendnant/Petitioner, verify that the statements made in this
Petition are true and correct to the best of my knowledge, information and belief I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relaxing to unsworn
falsification to authorities.
Date: AI) C Oq, ZODC,v
Ch ;40K. Brough III
e ,
DEBRA A. BROUGH,
Plaintiff/ Respondent
V.
CHARLES A. BROUGH, III,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify`that I this
day served a copy of the Petition for Economic Relief upon the following by depositing same in
the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as
follows:
Marcus, A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Dated: August 4, 2006 RespeCtftdly submitted,
RON INGER & WHARE
n
ho P
Michael Q, ermo, Jr., squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant
0
AE,
YC ?r
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES A. BROUGH, III,
Defendant
05-3180 CIVIL
ORDER OF COURT
AND NOW, this 7th day of August, 2006, upon consideration of the foregoing
Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that:
1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the Plaintiff to show
cause why the Defendant is not entitled to the relief requested;
2. The Plaintiff will file an answer to this petition on or before August 28, 2006;
3. A copy of said answer will be filed with this Court;
5. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted. If the Plaintiff files an answer to this Rule to
Show Cause, and the answer raises disputed issues of material fact, an evidentiary
hearing will then be scheduled.
By the Court,
.14ichael O. Palermo, Jr., Esquire
Attorney for Defendant
v(Aarcus A. McKnight, Esquire
Attorney for Plaintiff J
bas ---t UA -
'11\
M. L. Ebert, Jr., J.
/p`D
`e
6O
MNVAVS*Od
,1 Nncn :lt,w,1 o@Nno
61 *. h Wd L- SnV 9001
AUVION ,- Wd 3M ?Q
3',}J-40.0311
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
1. Your Petitioner, Charles A. Brough, III filed a Petition for Special Relief on August 4,
2006.
2. This Honorable Court issued a Rule to Show Cause on Plaintiff on August 7, 2006. The
Rule was returnable on or before August 28, 2006. Attached as Exhibit "A".
3. As of September 8, 2006, no Answer was entered by the Plaintiff.
WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order
making the Rule Absolute and granting Petitioner the relief requested.
Respectfully submitted,
ROMINGER & WHARE
AAACIAL-
Michael O. Palermo, . squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Petitioner
Date: September 8, 2006
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Charles A. Brough, III, do
hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the
following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
ROMINGER & WHARE
MA-PaI4.
Michael O. Palermo, Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Petitioner
Dated: September 8, 2006
DEBRA A. BROUGH, IN THE COUR OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES A. BROUGH, III,
Defendant 05-3180 CIVIL
ORDER OF COURT
AND NOW, this 7`h day of August, 2006, upon consideration of the foregoing
Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that:
1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the Plaintiff to show
cause why the Defendant is not entitled to the relief requested;
2. The Plaintiff will file an answer to this petition on or before August 28, 2006;
3. A copy of said answer will be filed with this Court;
5. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted. If the Plaintiff files an answer to this Rule to
Show Cause, and the answer raises disputed issues of material fact, an evidentiary
hearing will then be scheduled.
By the Court, --t ?AA
ltr
M. L. Ebert, Jr., J.
Michael O. Palermo, Jr., Esquire
Attorney for Defendant
Marcus A. McKnight, Esquire
Attorney for Plaintiff
bas
PETITIONER'S
Q -
W EXHIBIT
J
Q
r ? -.
--,
- ?r
?_
: ?.
' ? ?
?
. ??
? ?
_
..
. ..... i
?::_
C. J
.,.. `r-? ..c??-
SEP 1 12006
Iq
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2005-3180 CIVIL TERM
CHARLES A. BROUGH, 111,
Defendant : IN DIVORCE
ORDER TO MAKE RULE ABSOLUTE
AND NOW, this « day of - S&Lw-. ?Le , 2006, a Rule to Show Cause
having been issued on Plaintiff, Debra A. Brough, dated August 7, 2006, and Plaintiff failing to
Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby
granted. Plaintiff is hereby ordered and directed to make the required payments to Sovereign
Bank under loan installment number 6817195756 in the amount of sixteen thousand six hundred
thirty one dollars and eighty one cents ($16, 631.18) or in the alternative it is ordered that
Plaintiff is to pay monthly installments of two hundred fiftcen dollars and ninety seven cents
($215.97) to Petitioner.
By the Court:
Distribution:
,/IGlichael O. Palermo, Jr., Esquire
v4arcus A. McKnight, Esquire 1
,0
f1 i , ? t F a..? a r"
J ?
l-li
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 21,
2005.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn
falsification to authorities.
Date: vZA \'-W
DEBRA A. BROUGH
Plaintiff
c £
?., ?,-,
•?., ,.:
j i`Ti
" f?1 _...
. C
3 ?? ,
?
G? Jj {
5
_a
_ . _...
}
?
?
"" ?
-
'?,[
ti. ?
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
Date: ( Q
DEBRA A. BROUGH
Plaintiff
??
?' ?
?? ? ?*
-„' ?y,
--t??
.-r? • .7 ?;?.
^,ht ?-?
? ??
.?
?? .?..
r N
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 21,
2005.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
IA-
Date: 12- 1 g' 1_00
C S AAfROUGH, III
Defendant
.?
.:. y N
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: 1 Z '!$ "Lc )G
CHARLES A. BROUGH, III
Defendant
C)
co
?'-
- rr
Cn -,0
r3
DEBRA A. BROUGH,
Plaintiff,
V.
CHARLES A. BROUGH, III,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. 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.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. 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.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: 1&/0 -LDD<?
CHARL . BROUGH, III
Defend t
CQ
`_? C 7
DEBRA A. BROUGH,
Plaintiff
VS.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 3180 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this day of 6Lj1Xt1AAcj
,
2007, the parties and counsel having entered Lo an dgreement
and stipulation resolving the economic issues on December 18,
2006, the date set for a four-party conference, the agreement
and stipulation having been transcribed, and subsequently
signed by the parties and counsel, the appointment of the
Master is vacated and counsel can conclude the proceedings by
the filing of a praecipe to transmit the record with the
affidavits of consent of the parties so that a final decree in
divorce can be entered.
BY T COURT,
Glki
,
Edgar B. Bayley, P.J.
cc: /arcus A. McKnight, III
Attorney for Plaintiff
/chael 0. Palermo, Jr.
Attorney for Defendant
A
ti ? ? J t2?
p,
r
Ij-
N Ga
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05 - 3180 CIVIL
CHARLES A. BROUGH, III,
Defendant IN DIVORCE
THE MASTER: Today is Monday, December 18,
2006. This is the date set for a conference in the
above-captioned divorce proceedings. Present in the hearing
room are the Plaintiff, Debra A. Brough, and her counsel
Marcus A. McKnight, III, and the Defendant, Charles A.
Brough, III, and his counsel Michael 0. Palermo, Jr.
The divorce complaint was filed on June 21,
2005, raising grounds for divorce of irretrievable breakdown
of the marriage. No economic claims were raised in the
complaint. With respect to the grounds for divorce, the
parties have provided the Master affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which are dated today and which will be filed with
the Prothonotary by the Master's office. The divorce can
conclude under Section 3301(c) of the Domestic Relations
Code.
On June 30, 2006, the Plaintiff petitioned
for economic relief and raised claims of equitable
distribution and counsel fees, costs and expenses.
After considerable negotiations this morning,
1
the parties have reached an agreement with respect to the
outstanding economic issues. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as placed on the record will be considered the
substantive agreement of the parties, not subject to any
charges or modifications except for correction of
typographical errors which may be made during the
transcription. The agreement will be transcribed and sent
to counsel and the parties for review for correction of
typographical errors. After the corrections have been made,
if necessary, the agreement will be signed by the parties
affirming the terms of settlement as stated on the record.
It is specifically noted that the parties are
bound by the agreement when they leave the hearing room
today even though they may not subsequently sign the
agreement affirming the terms of the settlement.
Upon receipt of two signed copies of the
agreement, the Master will prepare an order vacating his
appointment and counsel can then file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
The parties were married on September 20,
1997, and separated on May 30, 2005. There were no children
born of the marriage. Mr. McKnight.
MR. McKNIGHT:
2
1. With regard to equitable distribution, husband is
granted sole possession of the marital real estate and wife
will sign a deed within ten (10) days of today's date
conveying her interest in the marital real estate to the
husband. That deed will be held in my office in escrow
until husband is either ready to sell the real estate or
refinances the mortgages.
Husband is responsible
mortgage, the main mortgage
equity with M&T, and a fina
Bank. All three loans will
husband. He will hold wife
therefrom.
for payment of the primary
with Sovereign Bank, a home
1 home equity with Sovereign
be the sole responsibility of
harmless on any payments
Within 24 months of the final date of the divorce
decree, husband agrees to refinance all three loans into his
name alone at which time he will be delivered the deed or if
he decides to sell the real estate sooner than that, the
deed will be delivered to him upon the arrangement of a
closing date for the sale of the real estate.
2. With regard to the retirement funds, husband has two
retirement funds. The traditional fund is called the NASI
Pension Fund through his Sprinkler Pipe Fitters Union 669.
That retirement fund will be husband's sole asset and wife
waives all claim to it. There is a second fund, the SIS
Fund. Its with Comerica. From that fund, as of today's
date, which is the 18th day of December, wife will be
entitled to 36.2% of that fund and husband's attorney will
prepare a QDRO for submission to that pension fund for
approval as soon as possible and a separate fund for each of
the parties will then be established by the retirement fund.
3. With regard to other personal property, the parties
agree that immediately within 48 hours of today the sum of
$2,400.00 will be paid from husband to wife. In return wife
waives all interest in the four-wheeler, the lawn tractor,
and the camper to husband. The camper, I believe, has been
sold. There is also a boat and trailer, which the parties
agree will be sold by the end of May at auction. Pending
that sale, wife will be entitled at her discretion to pick
up the boat and trailer to get it ready for sale. Wife will
be responsible for selling the boat and trailer at auction
and half the proceeds from the sale of the boat and trailer
will be divided by the parties, each receiving one-half of
those proceeds.
Wife will also be entitled today to come by the marital
residence and pick up the remaining items of Nascar
3
memorabilia which she has accumulated over the years. The
parties understand that there will be no problem with doing
that. In addition, there is a Christmas tree in the garage
which the wife will pick up. All of the personal property
then remains the sole property of husband and no further
claim will be made by wife for any of the personal property
in the marital residence. The property in the possession of
each of the parties will be their own sole property and the
other party waives any claim to it.
4. The parties waive all counsel fees and costs from the
other.
5. In addition, the parties waive all claim for debt that
they have acquired since the date of separation. Each party
is responsible for their own debt that has been acquired or
accumulated since that date.
6. Spousal support that is currently being paid, husband
to wife, will end upon the date of the final divorce decree.
MR. PALERMO: My
does not know of the existence
this point. He assumes it is i
100% sure.
client, Mr. Charles Brough,
of the artificial tree at
n the garage but he is not
MR. McKNIGHT:
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
7. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
MR. McKNIGHT: You've heard the terms of this
settlement, Debra. Do you accept those terms?
MS. BROUGH: Yes.
4
MR. McKNIGHT: You understand them?
MS. BROUGH: Yes.
MR. McKNIGHT: And you are satisfied with my
representation of you in this matter?
MR. BROUGH: Yes.
MR. PALERMO: Mr. Brough, did you hear Mr.
McKnight state the agreement on the record?
MR. BROUGH: Yes.
MR. PALERMO: Do you agree with that
statement of the agreement?
MR. BROUGH: Yes.
MR. PALERMO: You understand that both
pension funds are at issue here. Only one of them is being
touched?
MR. BROUGH: Yes.
MR. PALERMO: As far as the house, do you
understand that you are going to take the house free and
clear?
MR. BROUGH: Yes.
MR. PALERMO: You have a two-year deadline to
satisfy any mortgages or, in fact, sell the house?
MR. BROUGH: Yes.
MR. PALERMO: You're understanding is, upon
the final divorce decree, spousal support will cease?
MR. BROUGH: Yes.
5
MR. PALERMO: And you are satisfied with my
representation today?
MR. BROUGH: Yes.
MR. PALERMO: Within 48 hours of today's date
the law office of Rominger and Whare will hand deliver a
$2,400.00 check to the law firm of Irwin and McKnight.
MR. McKNIGHT: One final thing, if there are
any arrears -- I don't know that there are -- but if there
are any arrears in the spousal support, those will be paid
in full after the ending of the spousal support.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
D
Marc s cKn t, III
Attorn y for Pl. -t'k
Michael 0. PalerJr.
Attorney for Defnt
DATE:
Debra A. Brough
E??t
Charles Br gh, III
6
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2005 - 3180 CIVIL TERM
CHARLES A. BROUGH, III,
Defendant IN DIVORCE
To the Prothonotary:
PRAECIPE TO TRANSMIT RECORD
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) and or (d) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Charles A. Brough, III, on July 2, 2005, by certified, restricted delivery mail, addressed to him at 52
Seavers Road, Newville, Pennsylvania, 17241, with Return Receipt Number 7003 3110 0004 5770 5605.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce
Code: by plaintiff. December 18, 2006; by defendant: December 18, 2006.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 18, 2007
Date defendant's Waiver of Notice in Section 11(c) Divor s filed with the
Prothonotary: December 18, 2006.
for Plaintiff/
Esquire
Date: January 19, 2007
c? y
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DEBRA A. BROUGH, ii
PLAINTIFF
N O. 2005 - 3180 CIVIL TERM
VERSUS
CHARLES A. BROUGHT III,
DEFENDANT
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
lof?''V V Aid [ 13 , 106?, IT IS ORDERED AND
DEBRA A. BROUGH
CHARLES A. BROUGH, III
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
BY THE COURT:
PROTHONOTARY
°? ? ??" ??
,?"?
ca????i
..........
DEBRA A BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
: IN THE COURT OF .COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. CIVIL TERM
CIVIL ACTION 3180 of 2005 - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF
TO ENFORCE TERMS OF MARITAL PROPERTY SETTLEMENT
1. Your Petitioner/Defendant is Charles A. Brough, III, who resides at 52
Seavers Road, Newville, Pennsylvania..
2. Your Plaintiff/Respondent is Debra A. Brough, who is believed to reside in
Mechanicsburg and has required undersigned counsel to communicating through her
counsel, Marcus A. McKnight, Esquire, located at 60 West Pomfret Street, Carlisle,
Pennsylvania.
3. Petitioner and Respondent were present at a Pre-trial conference before
the Honorable E. Robert Elicker, Esquire, Divorce Master of Cumberland County on or
about December 18, 2006.
4. At said conference an agreement was reached regarding the marital
assets.
5. This agreement was memorialized and signed by the parties on the same
date. Said "agreement" is attached as Petitioners "Exhibit A".
6. The agreement provides in paragraph 7, that " Except as herein provided,
each may dispose of his or property in any way and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire under the
present or future laws of any jurisdiction to share in the property or the estate of the
other as a result of the marital relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to act as administrator or executor
in the other's estate. Each will at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interest, rights, and claims".
7. Your Petitioner is to renew his automobile insurance on February 26,
2007.
8. Petitioner, through counsel has contacted Plaintiff/Respondent on
numerous occasions via fax transmissions and telephone to have Plaintiff/Respondent
secure her own insurance and provide proof of the same to Petitioner's Counsel or
directly to Petitioner's Insurance Agent's office in Chambersburg, Pennsylvania.
9. To date, fax transmissions and calls regarding the state of
Plaintiff/Respondents insurance have gone unanswered and unreturned.
10. Petitioner/Defendant will have no choice, due to the insurance company's
policy to reinsure Plaintiff/Respondent.
11. The bonds of matrimony between Plaintiff and Defendant were dissolved
by decree of the Honorable M. L. Ebert on or about January 23, 2007.
12. To require petitioner to insure Plaintiff/Respondent after the dissolution of
the marriage and in the face of the marital property agreement will cause irreparable
financial harm to Petitioner.
13. Petitioner has accrued $305.00 in attorney fees in regards to the sole
refusal of Plaintiff to comply with the Marital Settlement Agreement.
WHEREFORE, Petitioner requests this Honorable Court direct Plaintiff to
secure her own automobile insurance and appear with proof of the same to Petitioner's
Insurance Agent in Chambersburg, PA by February 26, 2007. Additionally, Petitioner
respectfully requests attorneys fees be awarded in the amount of $305.00 for
professional services rendered directly related to Plaintiffs refusal to comply with said
agreement
??.
Date: c+? 23 U? Respectfully submitted,
ROMI & WHARE
Michael O. Palermo, Jr., re
Counsel for Petitioner/Defendant
155 S, Hanover Street
Carlisle, PA 17013
(717) 241-6070
(717) 241-6878 (fax)
DEBRA A BROUGH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. CIVIL TERM
CHARLES A. BROUGH, III, : CIVIL ACTION 3180 of 2005 - LAW
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that
I this day served a copy of the Petition for Economic Relief upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Dated: February 23, 2007 Respectfully submitted,
ROMINGER & WHARE
Michael O. Palermo, Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant
DEBRA A. BROUGH,
Plaintiff
VS.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 3180 CIVIL
IN DIVORCE
THE MASTER: Today is Monday, December 18,
2006. This is the date set for a conference in the
above-captioned divorce proceedings. Present in the hearing
room are the Plaintiff, Debra A. Brough, and her counsel
Marcus A. McKnight, III, and the Defendant, Charles A.
Brough, III, and his counsel Michael 0. Palermo, Jr.
The divorce complaint was filed on June 21,
2005, raising grounds for divorce of irretrievable breakdown
of the marriage. No economic claims were raised in the
complaint. With respect to the grounds for divorce, the
parties have provided the Master affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which are dated today and which will be filed with
the Prothonotary by the Master's office. The divorce can
conclude under Section 3301(c) of the Domestic Relations
Code.
On June 30, 2006, the Plaintiff petitioned
for economic relief and raised claims of equitable
distribution and counsel fees, costs and expenses.
After considerable negotiations this morning,
Q PETITIONER'S
W EXHIBIT
1
W
Q
F
N
the parties have reached an agreement with respect to the
outstanding economic issues. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as placed on the record will be considered the
substantive agreement of the parties, not subject to any
charges or modifications except for correction of
typographical errors which may be made during the
transcription. The agreement will be transcribed and sent
to counsel and the parties for review for correction of
typographical errors. After the corrections have been made,
if necessary, the agreement will be signed by the parties
affirming the terms of settlement as stated on the record.
It is specifically-noted that the parties are
bound by the agreement when they leave the hearing room
today even though they may not subsequently sign the
agreement affirming the terms of the settlement.
Upon receipt of two signed copies of the
agreement, the Master will prepare an order vacating his
appointment and counsel can then file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
The parties were married on September 20,
1997, and separated on May 30, 2005. There were no children
born of the marriage. Mr. McKnight.
MR. McKNIGHT:
2
1. With regard to equitable distribution, husband is
granted sole possession of the marital real estate and wife
will sign a deed within ten (10) days of today's date
conveying her interest in the marital real estate to the
husband. That deed will be held in my office in escrow
until husband is either ready to sell the real estate or
refinances the mortgages.
Husband is responsible
mortgage, the main mortgage
equity with M&T, and a fina
Bank. All three loans will
husband. He will hold wife
therefrom.
for payment of the primary
with Sovereign Bank, a home
1 home equity with Sovereign
be the sole responsibility of
harmless on any payments
Within 24 months of the final date of the divorce
decree, husband agrees to refinance all three loans into his
name alone at which time he will be delivered the deed or if
he decides to sell the real estate sooner than that, the
deed will be delivered to him upon the arrangement of a
closing date for the sale of the real estate.
2. With regard to the retirement funds, husband has two
retirement funds. The traditional fund is called the NASI
Pension Fund through his Sprinkler Pipe Fitters Union 669.
That retirement fund will be husband's sole asset and wife
waives all claim to it. There is a second fund, the SIS
Fund. Its,with Comerica.' From that fund, as of today's
date, which is the 18th day of December, wife will be
entitled to 36.20 of that-fund and husband's attorney will
prepare a QDRO for submission to that pension fund for
approval as soon as possible and a separate fund for each of
the parties will then be established by the retirement fund.
3. With regard to other personal property, the parties
agree that immediately within 48 hours of today the sum of
$2,400.00 will be paid from husband to wife. In return wife
waives all interest in the four-wheeler, the lawn tractor,
and the camper to husband. The camper, I believe, has been
sold. There is also a boat and trailer, which the parties
agree will be sold by the end of May at auction. Pending
that sale, wife will be entitled at her discretion to pick
up the boat and trailer to get it ready for sale. Wife will
be responsible for selling the boat and trailer at auction
and half the proceeds from the sale of the boat and trailer
will be divided by the parties, each receiving one-half of
those proceeds.
Wife will also be entitled today to come by the marital
residence and pick up the remaining items of Nascar
3
memorabilia which she has accumulated over the years. The
parties understand that there will be no problem with doing
that. In addition, there is a Christmas tree in the garage
which the wife will pick up. All of the personal property
then remains the sole property of husband and no further
claim will be made by wife for any of the personal property
in the marital residence. The property in the possession of
each of the parties will be their own sole property and the
other party waives any claim to it.
4. The parties waive all counsel fees and costs from the
other.
5. In addition, the parties waive all claim for debt that
they have acquired since the date of separation. Each party
is responsible for their own debt that has been acquired or
accumulated since that date.
6. Spousal support that is currently being paid, husband
to wife, will end upon the date of the final divorce decree.
MR. PALERMO: My client, Mr. Charles Brough,
does not know of the existence of the artificial tree at
this point. He assumes it is in the garage but he is not
100% sure.
MR. McKNIGHT:
7. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MR. McKNIGHT: You've heard the terms of this
settlement, Debra. Do you accept those terms?
MS. BROUGH: Yes.
4
MR. McKNIGHT: You understand them?
MS. BROUGH: Yes.
MR. McKNIGHT: And you are satisfied with my
representation of you in this matter?
MR. BROUGH: Yes.
MR. PALERMO: Mr. Brough, did you hear Mr.
McKnight state the agreement on the record?
MR. BROUGH: Yes.
MR. PALERMO: Do you agree with that
statement of the agreement?
MR. BROUGH: Yes.
MR. PALERMO: You understand that both
pension funds are at issue here. Only one of them is being
touched?
MR. BROUGH: Yes.
MR. PALERMO: As far as the house, do you
understand that you are going to take the house free and
clear?
MR. BROUGH: Yes.
MR. PALERMO: You have a two-year deadline to
satisfy any mortgages or, in fact, sell the house?
MR. BROUGH: Yes.
MR. PALERMO: You're understanding is, upon
the final divorce decree, spousal support will cease?
MR. BROUGH: Yes.
5
MR. PALERMO: And you are satisfied with my
representation today?
MR. BROUGH: Yes.
MR. PALERMO: Within 48 hours of today's date
the law office of Rominger and Whare will hand deliver a
$2,400.00 check to the law firm of Irwin and McKnight.
MR. McKNIGHT: One final thing, if there are
any arrears -- I don't know that there are -- but if there
are any arrears in the spousal support, those will be paid
in full after the ending of the spousal support.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
DATE:
2w6
cKnight, III Debra A. Brough
r Plaintiff
1 ..
Michael 0. Palermo Jr.
Attorney for Defend nt'
Charl 04,1;ro
u
gh, III
6
WITNESS:
M
i i t} fi t t} t}}} t+ t t t i t }}+ i t t t}+}} }+} i i t t t+} f} t t fi fi i t i +} f } t t t t
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
p 4
DEBRA A. BROUGH,
PLAINTIFF NO. 2005 - 3180 CIVIL TERN
VERSUS
CHARLES A. BROUGH, III,
DEFENDANT
DECREE IN
DIVORCE
AND NOW, January 23
DECREED THAT
DEBRA A. BROUGH
2007 , IT IS ORDERED AND
, PLAINTIFF,
AND
CHARLES A. BROUGH, III
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
BY THE COURT:
M. L. Ebert, Jr.
ATTEST: ?,
PROTHONOTARY
Certified Copy Issued: January 24 , 007
f? ? d
_ .
7
CO
w?
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3180 CIVIL
CHARLES A. BROUGH, III, CIVIL ACTION - LAW
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 27th day of February, 2007, upon consideration of the Petition
for Special Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED
that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested
should not be granted;
2. The Plaintiff will file an answer on or before March 19, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
ilarcus A. McKnight, Esquire
Attorney for Plaintiff
c
ichael O. Palermo, Jr., Esquire
Attorney for Defendant
bas
. 1* 11v
M. L. Ebert, Jr., J.
1 ab
t R !1 I ?? 1?1i 3?
L i .C N L 83? L00Z
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
1. Your Petitioner, Charles A. Brough, III filed a Petition for Special Relief on February 26,
2007.
2. This Honorable Court issued a Rule to Show Cause on Plaintiff on February 27, 2007.
Said Rule was returnable on or before March 19, 2007. Attached as Exhibit "A".
3. As of March 19, 2007, no Answer was entered by the Plaintiff.
WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order
making the Rule Absolute and granting Petitioner the relief requested.
Respectfully submitted,
ROMINGER LAW OFFICE
Michael O. Palermo, Jr., Esqui
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Petitioner
Date: March 20, 2007
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3180 CIVIL TERM
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Charles A. Brough, III, do
hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the
following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff/Respondent
Respectfully submitted,
ROMINGER LAW OFFICE
Michael
O. Palere
A
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Petitioner
Dated: March 20, 2007
DEBRA A. BROUGH,
PLAINTIFF
V.
CHARLES A. BROUGH, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3180 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 27th day of February, 2007, upon consideration of the Petition
for Special Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED
that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested
should not be granted;
2. The Plaintiff will file an answer on or before March 19, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
'w\ --" ?-a
M. L. Ebert, Jr., 0 J.
Marcus A. McKnight, Esquire
Attorney for Plaintiff
Michael O. Palermo, Jr., Esquire
Attorney for Defendant
bas
f
C
I
Cj '<
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-3180 CIVIL
CHARLES A. BROUGH, III, CIVIL ACTION - LAW
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 28th day of March, 2007, IT IS HEREBY ORDERED AND
DIRECTED that a status conference will be held on Monday, April 9, 2007 at 8:30 a.m.
in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
Aloarcus A. McKnight, Esquire
Attorney for Plaintiff
Xic hael O. Palermo, Jr., Esquir
Attorney for Defendant
bas a
By the Court,
lvt? -?? ??A /
M. L. Ebert, Jr., 0 J.
4 °V W ?? 8VW LOOZ
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3180 CIVIL
CHARLES A. BROUGH, III, CIVIL ACTION - LAW
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 9th day of April, 2007, upon consideration of Petitioner
Charles A. Brough's Petition to Make Rule Absolute and after status conference with
counsel, it having been determined that the Plaintiff in this case secured automobile
insurance on March 26, 2007, the lateness of this acquisition having caused the
Petitioner to expend additional money on re-insuring the vehicle in question,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff shall pay Attorney's
fees in the amount of $300.00 to Rominger and Associates at 155 South Hanover Street,
Carlisle, Pennsylvania on or before April 27, 2007.
By the Court,
?w I U'l I°
M. L. Ebert, Jr., J.
Marcus A. McKnight, III, Esquire
Attorney for Plaintiff
Michael O. Palermo, Jr., Esquire
Attorney for Defendant
tzVU4 -7
14-
bas
SG :QE II 6` UV LOOZ
µ
DEBRA A. BROUGH,
Plaintiff
V.
CHARLES A. BROUGH, III,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. CIVIL TERM
CIVIL ACTION 3180 of 2005-LAW
IN DIVORCE
ASSENT TO ENTRY OF QUALIF18D
DOMESTIC RELATIONS ORDER
The parties hereto assent to the entry of the attached Qualified Domestic
Relations Order.
Charles A. Brough, III
ee Debra A. Brough
wmom*
M.O. Palermo, Jr. for rticipant
C ?
??
';. '' ?
? ??
??
?
?,
AUG 13 20086,
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. CIVIL TERM
CHARLES A. BROUGH, III, : CIVIL ACTION 3180 OF 2005 - LAW
Defendant.
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
The parties have reached an agreement as to the division of certain employee pension
benefit in which Charles A. Brough, III, is a participant:
It is hereby ordered, adjudged and decreed that a division and disposition of the
employee pension benefit plan identified below shall be and is made according to the provisions
of the Domestic Relations Law of the Commonwealth of Pennsylvania and of §401(a)(13) and
§414(p) of the Internal Revenue Code of 1996 as amended (hereinafter referred to as the
"Code"), relating to Qualified Domestic Relations Orders (hereinafter referenced to as "QDRO")
as follows:
1. The Court finds and concludes that CHARLES A. BROUGH, III (hereinafter
referred to as the "Participant") is a Participant and has an interest in an account under a certain
employee pension benefit plan known as the Sprinkler Industry Supplemental Pension Fund
(herein after referred to as the "SIS FUND").
2. DEBRA A. BROUGH (hereinafter referred to as the "Alternate Payee") is a
former spouse of Participant and is hereby designated as an Alternate Payee of Participant's
,fir, y
Oo?
7?J ?'
interest in an account under the Plan pursuant to §401(a)(13) and §414(p) of the Code, and to the
extent provided in this Qualified Domestic Relations Order.
3. It is hereby ordered that the Alternate Payee shall have and receive, and the plan
administrator and/or trustee of the Plan are directed to pay to the Alternate Payee from the
Participant's account under the Plan promptly at the execution and entry of this Qualified
Domestic Relations Order the sum of Twenty-three Thousand One Hundred Twenty-seven
Dollars ($23,127.00) plus interest/earnings that has accrued on said Twenty three Thousand One
Hundred Twenty-seven ($23,127.00) Dollars since December 18, 2006, (hereinafter referred to
as "Single Sum Payment"). Representing 36.2% (thirty-six and two percent) of the SIS FUND.
If directed by the Alternate Payee, the plan administrator and/or trustee of the Plan are hereby
authorized and directed to pay the Single Sum Payment to the Alternate Payee's Individual
Retirement Account or account under an employer's qualified plan as applicable.
4. The name and last known mailing address of the Participant is as follows:
Charles A. Brough, 120 Sycamore Drive, Mt. Holly Springs, PA 17065. The Participant's Social
Security Number is 171-46-2752.
5. The name and last known mailing address of the Alternate Payee is as follows:
Debra A. Brough, 591 Unit 2 Geneva Drive, Mechanicsburg, PA 17055. The Alternate Payee's
Social Security Number is 174-56-7793.
6. The Plan to which this Qualified Domestic Relations Order relates is the Sprinkler
Industry Supplemental Pension Fund ("SIS FUND").
7. Nothing in this Order shall be construed to require the Plan to provide any type or
form of benefit, or any option, not otherwise provided under the Plan or to provide benefits to the
Alternate Payee in an amount that exceeds the amount of benefits the Plan would be required to
pay with respect to the Participant as the Order did not apply. Except for the interest awarded
herein to the Alternate Payee as an Alternate Payee, this Qualified Domestic Relations Order
shall have no affect on the Participant's remaining interest in an account under the Plan or his/her
future interest in the account under the Plan. The Alternate Payee shall not be entitled to the
Participant's interest in the Plan that is already required to be paid to another Alternate Payee
under another Domestic Relations Order previously determined to be a Qualified Domestic
Relations Order; however, the Participant has presented that no such previous Qualified
Domestic Relations Order exists.
8. Once this Order is determined by the SIS FUND to be a QDRO as defined in
ERISA, the SIS FUND will establish a separate account in the name of the alternate payee into
which the Alternate Payee's portion of the Participant's benefit will be transferred. Upon the
establishment of this separate account, the Alternate Payee will have the same rights with respect
to her benefit account as do Participants under the terms of the SIS FUND, except to the extent
that such rights are limited by this Order.
9. The Alternate Payee may elect to receive her portion of the benefit on the earlier
of the date the Participant is entitled to a distribution from the SIS FUND or the date the
Participant attains [or would have attained] the age of fifty (50).
10. The Alternate Payee may elect to receive her benefits in any form of payment
allowed by the SIS FUND, except in the form of a Qualified Joint and Survival Annuity. All
benefits due the Alternate Payee shall be sent directly from the SIS FUND to Alternate Payee.
11. The Alternate Payee may designate a beneficiary for her portion of the account, in
the event Alternate Payee dies before the account is fully distributed. If the Alternate Payee does
not make a valid beneficiary designation in accordance with the SIS FUND, the Alternate
Payee's benefits will be distributed in accordance with the SIS FUND.
12. The Alternate Payee shall notify in writing the plan administrator and/or trustee of
the Plan of any changes in her mailing address within thirty (30) days of any change.
13. It is the intention of the Alternate Payee and the Participant that this Order shall
qualify as a Domestic Relations Order ("QDRO") within the meaning of §414(p) of the Code
and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended
(hereinafter referred to as " BRISX ), and that whenever the provisions hereof are inconsistent
with the definition of a Qualified Domestic Relations Order as may be contains from time to time
in the Code or ERISA, this Order shall be amended from time to time, as may be necessary, to
comply with the requirements for Qualified Domestic Relations Orders under the Code and
ERISA or regulations promulgated thereunder and to cause this Order to be accepted as a
Qualified Domestic Relations Order by the plan administrator of the Plan. The court retains
jurisdiction to amend this Order to so comply.
14. It is hereby ordered that a true copy of this Qualified Domestic Relations Order be
served upon the plan administrator and trustee of the Plan of this Qualified Domestic Relations
Order shall be binding on the plan administrator and the trustee according to the laws of the
Commonwealth of Pennsylvania, the Code and ERISA. The Participant and the Alternate Payee
are ordered to comply with the terms and spirit of the Qualified Domestic Relations Order.
15. The Court further retains jurisdiction to supervise implementation of this
Qualified Domestic Relations Order and those provisions of the parties' decree in divorce
regarding division and disposition of the Participant's interest in an account under the Plan and
to enter such order hereafter as may be required to implement fully this Order and any
subsequent orders of the court regarding the Plan.
So ordered this day of a 2008.
BY THE COURT,