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HomeMy WebLinkAbout01-3832 r ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Maryanna E Brandt Plaintiff No. 01-3832 VERSUS Gary E Brandt Defendant DECREE IN DIVORCE AND NOW, T:> ou ~l 7- L , 2oo~, IT IS ORDERED AND DECREED THAT Maryanna E Brandt , PLAI NTI FF, Gary E Brandt AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties Marital Settlement Agreement dated October 23, 2003, are hereby incorporated, but not merged, into this Final Decree in Divorce_ By THE COURT: I /") , I f /_~, /' ,/ \, / . , .', ~~. (' PROTHONOTARY ..1. "7""'P ~o/ Z ~ ~k, J,;?)"~/ ~A/?/ ,:tZ ~ ~/ ..JP:?} ;/tl vV' 77' _ ';!/ t- r~/' ~cl'[C -/ /lv.[ C' -I .. "-'".."Ii' .#, " . 1'". \. . ... , ....;. --- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ~3d day of ~ , 2003, at Carlisle, Cumberland County Pennsylvania, by and between GARY E. BRANDT of P.O. Box 129, Boiling Springs, Pennsylvania 17007 (hereinafter referenced as "Husband") AND MARY ANNA E. BRANDT of 115 Shirley Lane, Boiling Springs, Pennsylvania 17007 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.0 I Separation of Parties_ Differences have arisen between the parties as a result of which they have been living separately and apart since August 18,2001. 1.02 Intention to Live Apart_ The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property_ The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in 9401 of the Pennsylvania Divorce WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and shall forever be binding and conclusive on the parties; and any independent action may be -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 170]3 brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each ofthe parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Husband is represented by Wayne F. Shade, Esquire, and Wife is represented by James A. Miller, Esquire. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property_ Concurrently with execution of this Agreement, Husband shall execute and have acknowledged a Deed transferring all of his right, title and interest in the marital dwelling located at 115 Shirley Lane, Boiling Springs, Pennsylvania 17007, to Wife. Transfer shall be subject to the existing mortgage at Principal Residential Mortgage, Inc. and to any other obligations with respect to the real estate whether or not of record. All expenses of preparation and recording of the Deed shall be borne by Wife. The Deed shall be held in escrow pending Wife's payment to Husband of the sum of Sixty-Four Thousand and No/lOO ($64,000.00) Dollars. There shall be no proration of real estate taxes or other expenses with respect to the marital -4- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 " dwelling. Any outstanding expenses with respect to the marital dwelling shall be the responsibility of Wife. 3.02 Equitable Division of Personal Property. (a) The furniture, 40usehold goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other. Such release will expressly extend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. ( c) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance ofthe other. (d) Wife will see to the reproduction of any family photographs of any kind, including, without limitation, movies and video tapes, of which Husband would specify, within thirty (30) days of the date of this Agreement, a desire to have copies. Upon Husband's payment to Wife of half the expense of reproduction of the photographs, Husband will receive either the original or the copy of each reproduced photograph at his option. (e) Wife shall pay Husband the sum of Sixty-Four Thousand and No/IOO ($64,000.00) Dollars in accordance with the terms specified hereunder in paragraph 4.01. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: (a) Wife shall be required to obtain release of Husband from the existing mortgage against the marital dwelling, either by refinancing or otherwise, within ninety (90) days from the date of this Agreement. Upon such release and or refinancing, Wife shall pay Husband the sum of Sixty-Four Thousand and No/I 00 ($64,000.00) Dollars as -6- II II WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 " Husband as the parties may, from time to time, agree. The parties shall share joint legal custody of the child. (a) The parties acknowledge that both parties hereto are fit parents who have meaningful relationships with the child. The parties further acknowledge that Cumberland County, Pennsylvania, provides the child with a favorable environment where there are significant relationships with friends and relatives. Therefore, it is agreed that neither party shall change the residence of the child from Cumberland County, Pennsylvania, without the written permission of the other party hereto. (b) If either party shall attempt to change the residence of the child from Cumberland County, Pennsylvania, without obtaining the written permission of the other party hereto, the party attempting to remove the child shall be liable, as follows: (1) To indemnify the party hereto remaining in Cumberland County, Pennsylvania, for costs and expenses incurred by that party in locating the child, including, without limitation, travel expenses, food, lodging, counsel fees, detective fees, lost wages and all other similar and related costs and expenses. (2) To indemnify the party hereto remaining in Cumberland County, Pennsylvania, on account of any costs and expenses incurred in connection with any legal proceedings, whether in Pennsylvania or elsewhere, for the purposes of resolving issues of -9- .' custody and partial custody, including, without limitation, counsel fees, witness fees, travel expenses, food and lodging bfthe party remaining in Cumberland County, Pennsylvania, and all ofthat party's witnesses and legal counsel. (3) In the event that the party who changes the residence of the child from Cumberland County, Pennsylvania, shall be permitted by any Court of competent jurisdiction to permanently change the residence of the child, that party shall pay all costs of transporting the child to and from the new residence location in Cumberland County, Pennsylvania, for the purposes of partial physical custody, including all food and transportation costs for the child and an escort, if necessary. 5.02 Support. Wife waives child support. 5.03 Education. Wife agrees to be responsible for the parties child's undergraduate tuition afte~ consideration is given to all other financial avenues available for such tuition including, but not limited to, work-study, financial aid, grants, scholarships, loans and such like relief. 5.04 Health Insurance. Wife shall provide health insurance coverage for the child of the parties until the child attains the age of eighteen (18) years. Such coverage WAYNE F, SHADE 53 ~~~tr;~ma;r;a;reet shall be equivalent at all times to the coverage that Wife maintains upon herself. Carlisle, Pennsylvania 17013 -10- 5.05 Uninsured Medical Expenses. Wife agrees that she will be responsible for all reasonably necessary health care expenses, including orthodontic expenses, incurred for the child which are not covered by insurance. ARTICLE VI ALIMONY 6.01 Qualified Waiver. Each of the parties waives alimony generally. However, any obligations assumed by the parties under this Agreement as to which benefits flow to the other spouse shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII COUNSEL FEES 7.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within sixty (60) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for WAYNE F. SHADE the interpretation or enforcement of this Agreement or any valid modifications hereof, Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -11- WAYNE F. SHADE Attorney at Law 53 West Porn fret Street Carlisle. Pennsylvania 17013 " other than proceedings concerning child support under the statewide support guidelines, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VIII GENERAL PROVISIONS 8.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any -12- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee; 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases of intestacy. (c) to act as executor or administrator of the other parties' estate. -13- WAYNE F. SHADE Anomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 .' (d) the right to alimony, spousal support, alimony pendente lite, attorney's fees and equitable distribution. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnity and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the -14- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . . other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 8.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, ~arass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole -15- use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 8.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against WAYNE F. SHADE 53 ~~~~~;"~r;.a;reet the other, at his or her election, to sue for damages for breach hereof, or to rescind this Carlisle, pennsylvania 17013 -16- WAYNEF.SHADE Altomey at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written. instrument signed by both parties. 8.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall not survive the death. 8.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. 8.14 Condition Subsequent. This Agreement is expressly contingent upon the parties' mutual consent, concurrently with execution of this Agreement, to Divorce, which consent may not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. -17- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ,. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: C- 9/..4. ~~ Gary E. Brandt (SEAL) ~~~[ ~dt (SEAL) -18- . COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) On this, the ):3t:1 day of O~ ,2003, before me, the undersigned officer, personally appeared GARY E. BRANDT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS \\'HEREOF, I hereunto set my hand and official seal. a- i%7'~ Notary Publ'c COMMONWEAL TH OF PENNSYL VANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the .J.,p_ day of ;V! lJ-I.-vU Notarial Seal Connie J. Tritt, Notary Publ ic Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 ,2003, before me, the undersigned officer, personally appeared MARY ANNA E. BRANDT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS \\'HEREOF, I hereunto set my hand and NOTARiAL SEAL 1 WAYNE F. SHA~E JAMES A MILLER. Notary Public 53 ~:::';:;'m7~:;t Boco Com" H;,: ,~"mb";'," Co'm~, PA : Carlisle, PennSYlva~';'.^ _. ,.'"..'..N' ,"..- .". ,,,. ]7013 (-) ~.::.; r-.:> ~2 ..-') ~-;'i ~f.~ ;:=~ tD 't.: () .'j'., -'-J () (,'I C- :.:.:'~~ (..,) C.Y1 -.1 Maryanna E Brandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3832 Gary E Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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 service of the Complaint: June 28, 2001, certified mail number P 016 244 751 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: 12/8/03 by Defendant: 12/9/03 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: 1/6/04 by Defendant: 1/6/04 4. Related claims pending: There are no related claims pending. Respectfully Submitted, By: James Miller, Esquire Attor y for Plaintiff Market Street Camp Hill, PA 17011 (717) 737-6400 o ~ ~ l;) ~ ...J ):l.. ;t f'..;) c::;;> = ....- C. -1'1 ::;:1 F;~i~ rn C.=:J I ~~~ --1-: <..- :r-- c:.;.,_ w .,. ~ (..1'1 -....J V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. () J- 38 3;J C;V t l Maryanna E. Brandt, Plaintiff Gary E. Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 t. ( tL- Ja A. Miller, Esquire orney for Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 I~ 3 J' 3:L Ct;x.J-r~ Maryanna E. Brandt, Plaintiff Gary E. Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Maryanna E. Brandt, who currently resides at 115 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Gary E. Brandt who presently resides at 115 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 29, 1990, In Montgomery County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. Plaintiff avers that there is one child of the parties under the age of eighteen, namely Jake N. Brandt, DOB 12/17/91. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The parties have acquired certain property and assets which constitute marital property. 14. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Respectfully submitted, ic(~ James . Miller, Esquire 201 arket Street p Hill, PA 17011 (717) 737-6400 COMMOl\:WEALTH OF PEI'..:NSYLVANIA Hl05.157 REV.B-80 DEPARTMENT OF HEALTH VITAL RECORDS RECORD OF STATE FILE NUMBER DIVORCE OR ANNULMENT STATE FILE DATE COUNTY GJ (CHECK ONE) o Cumberland HUSBAND 1. NAME (Firsr) (M,ddle) Last) Gary E. Bran 2. RESIDENCE Street or R.D. City. Bora. or Twp. CounT y rare 115 Shirley Lane, Boilin s CMB CTY S. NUMBER 6 RACE ,"""HITE BLACK OTHER (Speedy; Of THiS 2nd [X] 0 0 MARRIAGE WIFE 8, MAIDE N NAME (Firsr) (M,ddle) (Last) Senek Maryanna E. Brandt 10, RES IDE NC E Streer or R.D. CIty. Boro. or Twp. CoUnry Srare 2 DATE OF BJRTH 4, PLACE OF BIRTH P 7, USUAL OCCUPA TION Month) I a:') ear 115 Shirley Lane, Boiling 13. RACE WHITE [i] Springs, CMB CTY 9 DATE OF BIRTH 11 PLACE OF BIRTH OCCUPA T rON (Month) (Day) ( Year) De PA PA 12. NUMBER OF THIS MARRIAGE PLACE OF OF THIS MARRIAGE NUMBER OF CHIL. DREN THIS MARRIAGE NUMBER OF HUSBAND CHILDREN TO D CUSTODY OF DATE OF DECREE o 1 st 8 LACK o OTHER (Speedy) 15. (County) (Stare or Foreign Country) (Month) (Day) (Year) 1 Montgomery County 17B. NUMBER OF DEFENDENT CHIL DREN UNDER 18 PA tember 29 1990 17A. 1 lB. PLAINTIFF HuSBAND o WIF E EJ OTHER (Speedy) o HUSBAND WIF E OTHER (Specify) o o o 20. WIFE o SPUT CuSTODY o OTHER (Specify) D 21 LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 22. (Month) (Day) (Year) 23. DATE REPORT SENT TO VITAL RECORDS 3301 (c) (d) (a) (Month) !Day 24. SIGNATURE OF TRANSCRIBING CLERK Husband's social security number: /7/ 52- 030i /7 0 56 ;:2. c; (p 0 Wife's social security number: ,'iSfit::~':'~{K';;;;,;;;':k . :~-";~<."'.;-. . ." .-,.... ". ,.""e,';,:., ";".' "ie, ,~:,;U#~"b,," , .' ;~:';.";:.:; . -----:---~. . " YERIElCAIlON I verify that the statelnents made in the attached are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ / Jb /01 I t c;f0<-4.L [ &Mdt - - ~ ~~ ...s:> -0\ ~ ~ -~ '6' <6 - ~ - t.Y 5 ~ ~ ~ cP. c: I ~.; .. ~ --- J\ 0 - --- .. c..\ ~~-) ~ \',.' <: " . ~( ." ('>. .' - N ~ t N :---.'<; .' ~.....:::- , .- ----.:.. \"! (V ....' ""'0 '3 ~ Maryanna E. Brandt, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 01-3832 Civil Term Gary E. Brandt, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF SERVICE OF DIVORCE COMPLAINT I, James A. Miller, Esquire, hereby certify that I served the Defendant, Gary E. Brandt, with a certified copy of the divorce complaint as evidenced by the attached United States First Class Mail return receipt card number P 016 244 751. DATE: Saturday, July 21,2001 ~r t LA--- James . Miller, Esquire 2 Market Street Camp Hill, PA 17011 (717) 737-6400 ,... ~ SENDER: 'ii) . Complete items 1 andlor 2 for additional services. CD . Complete items 3, and 4a & b. l!! . Print your name and address on the reverse of this form so that we can CD return this card to you. :i . Attach this form to the front of the mail piece, or on the back if space .. does not permit. .! . Write "Return Receipt Requested" on the mailpiece below the article number. ... . The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 0;/ILY E. j}z/ptVlJr (/5 5"h{y/~ ?-~ /3v;/''v' ~~ ;?R t1 V' /7Ob7 I also wish to receive the following services (for an extra .~ fee): ~ 1. 0 Addressee's Address cZ ... .2- 4D u 4D a:: c: .. := ... 4b. Service Type ~ o Re' red .~gLnl!ured gJ ertified " Q COO .Ei: . Cl Express "fail 0 Return Re~eipt for := '. \ ,Merchandise C5 7. Date of eliver :'\ - i~ ~ ~ >- 8. Addresse 's ~'<ldres~IOnly if requested ~ and fee is l1id( ,',,' / i '- ',',. .- .s:. ""-~~.,.......".- ~ c: o 'g 4D ... 4D Q. E o u en en w a:: o o c( Z a:: 5. :) ~ ~ 6. Sign ur Agent) ~ t >- PS Form 3811. December 1991 !!!. 2. 0 Restricted Delivery Consult postmaster for fee. 4a. A 'cle Number 016 JYY 75/ "'U.S, GPO: 1993-352.714 DOMESTIC RE I () f""' o r- c.f N +- N ., +- \III "0 :s - Maryanna E Brandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3832 Gary E Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 22, 2001 and service was obtained upon the defendant by certified mail number P 016244 751 on June 28,2001 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements 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.A. Section 4904, relating to unsworn falsification to authorities. (L- I~I 0 ~ /it (JAIl A j, I(,A- t M ryan~a E Brandt /j'....., . j ;.11 xlJ- Date: o r- ~: ,....., = :;?- (- o ,I --.1 --r f1,# -0 1JJ -D~,~ 9<:) ~~ :":"~cn :::-; ~2 ::r=-~ ::iC I o~, 1'--:1 o en -- - -- -,. . - .. Maryanna E Brandt, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3832 Gary E Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eel 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: J? ~.4- "\ () S ~:',.... r-..:> = = J.-- C- o -" .-4 :J:-n rn r: -om -Uy S~? ""r- .....:. I (''j _0 -"r C"") ':~rr1 t~:-'4 ...~ 2.: I C-" ~ ---;- -,;q,.. r.~ C) c' '::.-.,- .~, - Maryanna E Brandt, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3832 Gary E Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 22, 2001 and service was obtained upon the defendant by certified mail number P 016244 751 on June 28, 2001 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree In 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements 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.A. Section 4904, relating to unsworn falsification to authorities. Date: December 9. 2003 ~e,~ Gary Brandt Q ~t 'c~ ~:.. I"'Y = c:::> ..1-- c_ ~ I e;, -....'\ -'- -..,.. ..,..>~ o -n .-\ :i:-n fTlp: _"h'1 -~-'9 00 ::::1 ~'r~ ~J?l r;:; C) CJ'"l ~{~ - Maryanna E Brandt, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3832 Gary E Brandt, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eel 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: December 9, 2003 ~t~ Gary E Bra at o f; z~l~ ~ c=:> .,r..- c- ~~ ~ I c,"'!. -- v -,.,~ ...;:- o -'n .-1 :C,"1'I P'r: -om _"-,t::) ~::l f-> :~~~ ( ~) .-, '7-91 7,;":::; \ ~ ~~ -:;;~I ~-.<~, r:~ c c'