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HomeMy WebLinkAbout06-7000 ANNETTE A. BREAM, Plaintiff v. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 7er6 CIVIL IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that i annulment you fail to may be o so, the case may proceed without you and a decree of divorce entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. YOU SHOULD TAKE THIS PAPER TO YOUR AWYER AT AFFORD ONELGO TO OR TELEPHONE THE NOT HAVE A LAWYER OR CANNOT OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIGENCHES OFFICE THAT MAY OF FERBLE TO PROVIDE YOU WITH INFORMATION ABOUT LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 ANNETTE A. BREAM, Plaintiff V. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 9 ©" CIVIL IN DIVORCE COMPLAIN r UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Annette A. Bream, an adult individual who currently resides at 100 Clines Church Road, Aspers, Adams County, Pennsylvania 17304. 2. Defendant is Donald E. Bream, Sr., an adult individual who currently resides at 76 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 23, 1967, in Carlisle, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER `?0 v Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff DATE: ?c 1.4 4, " 7 J, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Annette A. Bream Date: - /7 C 21 0-6 lv rrl `? ? r, Y 1 'i} C7 ANNETTE A. BREAM, : Plaintiff V. DONALD E. BREAM, SR., : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7000 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE I hereby certify that on December 12, 2006, the United States Postal Service served upon the defendant, Donald E. Bream, Sr., the Divorce Complaint by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A:" DATE: December 14, 2006 is ael A. SC?erer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff i cv -- c CD .+ .: 4 LL ?a J r C ? rr >l V bm 4 • P*ty so ft • ,ism or on 1 oo d 1. PA" IM to 71e ?+i? c?.,ool J?ou ML **Rare ?MrM ?Irm t 14, 13 ya Yom,wOwdam) amom mimi, 0No li?Md 13 z, F6 Form 0 A 0- aw.e 0 pwoum Ramat for mwdwtwbe 0 hmmW Mal 0 ao.o. a. %*IcW O~ Mod F+N 0 Y" 7404 1350 4:003 7147 1786 , Fdamy 2m curve ft%M fto*t +r+MO . 4 Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 ANNETTE A. BREAM, Plaintiff vs. DONAEL. E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-7000 CIVIL IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the Defendant, Donald E. Bream, Sr., in the above-captioned action. Date: r26 R derman, Esqulr?e r a ID. No.: 7047 1L Gust Street, P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 C? ? CI r ANNETTE A. BREAM, Plaintiff V. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7000 CIVIL IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this Im day of T"I1 , 2007, by and between Annette A. Bream (hereinafter referred to as "Wife") and Donald E. Bream, Sr. (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on September 23, 1967; and, R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about the filing of this action: and; R.3: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: s (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (2) EQUITABLE DISTRIBUTION: Husband shall pay Wife the sum of Sixty-Five Thousand Dollars and 00/100 ($65,000.00) concurrent with Wife's waiver of her interest in the marital residence located at 76 Pine School Road, Gardners, Pennsylvania. Wife shall deliver a deed conveying her interest in the real estate to Husband at such time as Husband is able to deliver a certified check to Wife for Sixty-Five Thousand Dollars and 00/100 $65,000.00. Husband shall deliver to Wife the items of personal property located in the marital residence which are on a list which is attached hereto as "Exhibit A". These items of personal property shall be delivered to Wife prior to Wife deeding her interest in the marital residence to Husband. Aside from the foregoing, the parties hereto acknowledge that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the 0 parties. Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to bank accounts, investment accounts and retirement accounts. (3) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (4) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (5) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. Annette A. Bream Donald E. Bream, Sr. WITNESS: ? ? O ?.` c_ ? -,-? r; ;??? _.: ?,-, ^? i ?: . rrc • ` c,rt ANNETTE A. BREAM, Plaintiff V. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7000 CIVIL : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 6, 2006. 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. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 7 ` ? - d 7 Annette A. Bream ? a U -ss C. `? ? ? M1 ANNETTE A. BREAM, Plaintiff V. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7000 CIVIL IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 6, 2006. 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. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: June 1 2007 e 6","s-, Donald E. Bream, Sr. -1cl ANNETTE A. BREAM, Plaintiff V. DONALD E. BREAM, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-7000 CIVIL 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: Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed a certified mailing return receipt card on December 12, 2007. 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 on July 9, 2007; and Defendant on June 29, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER M c a A. Sc erer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 C3 . 0 ? ?. . ?, ; ' : ?- ? _ : _ ? ..." f -? . .? - ? r . -?:`Ta - ? C ? r ?° --,a _- ?'- ~? ? r ' ,'T'?t ,? -? f -{ i? .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANNETTE A. BREAM, ?i Plaintiff VERSUS DONALD E. BREAM. SR., Defendant NO. 2006-7000 civil DECREE IN DIVORCE AND NOW, v %I L O Za0 `, IT IS ORDERED AND DECREED THAT ANNETTE A. BREAM , PLAINTIFF, AND IDO ALD R. BREAMS SR DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties Marital Settlement Agreement dated July 9, 2007 is E A . ? ? ??