HomeMy WebLinkAbout06-7011DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:NO. 06- 7D//
: IN DIVORCE
CIVIL TERM
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 of divorce or annulment may be entered against you by the court.
A judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle.
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.
DAVID J. BRINKLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
TAMMY S. BRINKLEY, : NO. 06- 70// CIVIL TERM
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is David J. Brinkley, who currently resides at 2605 Market Street, Camp Hill
Cumberland County, Pennsylvania, 17011.
2. Defendant is Tammy S. Brinkley, who currently resides at 2605 Market Street, Camp Hill
Cumberland County, Pennsylvania, 17011.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on May 11, 1988 in Dillsburg, Pennsylvania
5. There have been no prior actions of divorce or for annulment between the parties hereto
in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling.
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8. Neither parry is now serving in the United Armed Forces, nor have ever served in the
United States Armed Forces.
9. Plaintiff requests the Court to enter a Decre in Div ce.
V V,
By:
Paul Bradford Orr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID # 71786
VERIFICATION
I verify that the statements made in the foregoing Divorce 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.
DATE: rl
D vid J. Brinkl , Petitioner
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 06- 7011
: IN DIVORCE
CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
AND NOW, this P day of January, 2007, 1 Paul Bradford Orr, Esquire, attorney
for David , Plaintiff, in the above-captioned action, hereby swear that I have served a
true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned
matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid,
certified, return receipt requested. The original return receipt card signed by the
Defendant on December 12, 2006, indicating service was effected, is marked Exhibit
"A", attached hereto and made a part hereof.
LAWOFFIICQS OF PAUL
Dated: 11310-7
By:
Paul Bradford Orr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
PA Supreme Court I. D. # 71786
ORR
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the cans to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A.
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D. Is delivery address different from item 17 u/1 es' 1
If YES, enter delivery address below: Y No
3. Service Type
.Certified Mail 0 Express Mail
,IZrh"istered WReturn Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 11ir Yes
2. Article Number
(Transfer from service taller) ?003 3110 0004 5 7 7 3 6784
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035
EXHIBIT "A"
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 7011
IN DIVORCE
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) & (d) of
the Divorce Code was filed on December 7, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
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Date:
David Brinkley
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 7011
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) & (d) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
CIVIL TERM
2. 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.
3. 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.
I verify that the statements made in this Affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
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Date: Zc,c?'?
1 -#1 4r David J. Brinkley
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 7011 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) & (d) of
the Divorce Code was filed on December 7, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to author
Date: I b2? /(2:7
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 7011
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) & (d) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
CIVIL TERM
2. 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.
3. 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.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn taisitication to autnont
Date: a
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DAVID J. BRINKLEY,
Plaintiff
V.
TAMMY S. BRINKLEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 7011
IN DIVORCE
CIVIL TERM
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 of service of the complaint: December 11, 2006, by U.S.
Mail, postage prepaid, certified, return receipt requested.
3. Date of execution of the affidavit of consent required by Section 3301(c) &
(d) of the Divorce Code: by the Plaintiff on May 23, 2007; by Defendant on May 23,
2007.
4. Related claims pending: NONE
5. Date Plaintiff's Waiver of Notice in §3301(c) & (d) Divorce was filed with the
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Prothonotary: June f, 2007.
6. Date Defendant's Waiver of Notice in §3301(c) & (d) Divorce was filed with
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the Prothonotary: June 4, 2007.
Date: W t/ I By:
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
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DAVID J. BRINKLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
TAMMY S. BRINKLEY, : NO. 06- 7011 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this a34 day of h, 2007, between Tammy Brinkley
(hereinafter called "Wife") and David Brinkley (hereinafter called "Husband").
WITNESSETH:
The parties hereto are Wife and Husband, having been married on May 14,
1988, in Dillsburg, Pennsylvania, York County. There were Three (3) children born of
this marriage:
1. Christopher Michael Brinkley DOB: October 31, 1988
2. Rachel Erin Brinkley DOB: January 25, 1991
3. Daniel Herbert Brinkley DOB: July 28, 1992
Diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest
of their natural lives, and the parties hereto desire to settle fully and finally their
respective financial and property rights and obligations as between each other,
including without limitation: (1) the settling of all matters between them relating to the
ownership of real and personal property; (2) the settling of all matters between them
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relating to the past, present and future support and/or maintenance of Wife by Husband
and of Husband by Wife; (3) the implementation of custody arrangements for the minor
children of the parties for the immediate future; and (4) in general, the settling of any
and all claims and possible claims by one against the other or against their respective
estates.
NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. AGREEMENT NOT PREDICATED UPON 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 not predicated upon nor made subject to
any agreement for the institution, prosecution, defense or for the non-prosecution or
non-defense of any action for divorce; provided, however, that 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 may, has been, or shall be instituted by the other party, or from
making any just or proper defense thereto.
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2. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Kristen R. Reinhold, Esquire, for Wife, and
Paul Bradford Orr, Esquire, for Husband. Each party acknowledges that she or he
has received independent legal advice from counsel of her or his selection and that
each fully understands the facts and has been fully informed as to her or his legal rights
and obligations and each party acknowledges and accepts that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements,
3. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart.
Each shall be free from all control, restraint, interference or authority, direct or indirect,
by the other in all respects as fully as if she or he were unmarried. Each may reside at
such place or places as she or he may select. Each may, for her or his separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to her or him may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either Wife or Husband of the
lawfulness of the causes which led to, or resulted in, the continuation of their living
apart. Wife and Husband shall not molest, harass, disturb or malign each other or the
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respective families of each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with her or him.
4. PERSONAL PROPERTY
Except as otherwise provided herein, the parties acknowledge that they have
heretofore divided between them, at the time of their separation, all their personal
property to their mutual satisfaction, except as otherwise stated. Henceforth, each of
them shall own, have and enjoy independently of any claim or right of the other all items
of personal property of every kind, now and hereafter owned, or held by him or her, with
full power to dispose of same as fully and effectively in all respects and for all purposes
as if he or she were unmarried. The property to be transferred is as follows:
1. 2003, GMC Envoy, with a payoff amount of $13,431.00, with
monthly payments of $419.00, currently in the names of David and
Tammy Brinkley, shall be transferred to David Brinkley.
2. 2006, Chevy Malibu Maxx, with a payoff amount of $20,600.00,
with monthly payments of $365.35, currently in the names of David and
Tammy Brinkley, shall be transferred to Tammy Brinkley.
3. Members 1St Bank Account, Checking Account Number 104549,
with an account balance of $329.33, currently in the names of David and
Tammy Brinkley, shall be transferred to David Brinkley.
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4. Members 1st Bank Account, Checking Account Number 35110,
with an account balance of $10.00, currently in the names of David and
Tammy Brinkley, shall be transferred to Tammy Brinkley.
5. Members 1st Bank Account, Savings Account Number 104549,
with an account balance of $720.00, currently in the names of David and
Tammy Brinkley, shall be transferred to David Brinkley.
6. Members 1st Bank Account, Savings Account Number 35110,
with an account balance of $311.82, currently in the names of David and
Tammy Brinkley, shall be transferred to Tammy Brinkley.
7. PSECU Bank Account, Savings Account Number 207566117, with
an account balance of $46.00, currently in the name of David Brinkley,
shall remain in the name of David Brinkley.
8. ING Direct Bank Account, Savings Account Number 27092987,
with an account balance of $2,368.20, currently in the names of David
and Tammy Brinkley, shall be closed by both parties and the monies in
that Savings Account shall be split 50/50 between both David Brinkley and
Tammy Brinkley.
9. Primerica PFS Mutual Fund, with a current value of $2,171.30,
currently in the name of David Brinkley, shall be closed by both parties
and the monies in that account shall be split 50/50 between both David
Brinkley and Tammy Brinkley.
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10. American Funds, Mutual Fund Account, with a current value
of $3,898.34, currently in the names of David and Tammy Brinkley, shall
be closed by both parties and the monies in that account shall be split
50/50 between both David Brinkley and Tammy Brinkley.
11. Members 1St CD, with a current value of 1,031.14, currently in the
names of David and Tammy Brinkley, shall be transferred to David
Brinkley.
12. Members 1St Retirement CD, with a current value of $1,048.56,
currently in the names of David and Tammy Brinkley, shall be transferred
to Tammy Brinkley.
13. American Funds Simple IRA, with a current value of $20,293.52,
currently in the name of David Brinkley, shall remain in the name of David
Brinkley. However, Husband agrees to transfer $5,000.00 from this
Retirement Account pursuant to the terms of a QDRO (Qualified Domestic
Relations Order) which shall be prepared and served on the Plan
Administrator by Husband's counsel at Husband's sole expense. Any
transfer fees or penalties resulting from said transfer shall be paid by
Husband.
5. REAL PROPERTY
Husband and Wife hereby agree to list the real estate located at 2605 Market
Street, Camp Hill, Pennsylvania, for sale. At the time of Settlement, now scheduled for
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May 23, 2007, all liabilities previously agreed upon by the parties to be satisfied from
said proceeds, shall occur within five (5) days. After all Settlement Expenses and filing
fees and legal fees, the remaining proceeds of the Real Estate Sale shall be divided
equally between Husband and Wife. Immediately thereafter, an additional $5,000.00
from Husbands share of the proceeds shall be transferred to wife.
6. SUPPORT
The parties herein acknowledge that by this Agreement they have each
respectively secured and maintained a substantial and adequate fund with which to
provide themselves and the children who may live with them, sufficient financial
resources to provide for their comfort, maintenance and support, in the station of life in
which they are accustomed. Wife and Husband are hereby waiving their right to
alimony, alimony pendente lite, and spousal support. It shall be from the date of this
Agreement the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party.
7. TAX RETURNS
Husband and Wife agree to sign joint returns for the calendar year 2006; and if
the parties are entitled to any refund hereunder; Husband and Wife shall be entitled
each to half of the proceeds 50/50 thereof. Should there be a tax liability, it shall further
be both Husband and Wife's obligation to pay for any tax liability for 2006.
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8. MEDICAL INSURANCE
Husband will continue to provide medical insurance for the children with a policy
containing minimum provisions as would be covered by a standard Blue Shield policy
with eye and dental coverage. Husband will continue to provide medical insurance for
Wife until the time a Final Divorce Decree is entered.
9. LIFE INSURANCE
Husband and wife currently have separate Term Life Insurance Policies in the
amount of $250,000.00, respectively, with Banner Life Insurance Company.
Additionally, both Husband and Wife are the respective beneficiaries of each others
policy.
From the date of this agreement, until the last minor child reaches the age of
eighteen (18) years, Husband and Wife agree to continue keeping said policy in full
force and effect. If Husband or Wife predeceases each other, the receiving beneficiary
shall use any and all proceeds of this policy redemption for the support, maintenance,
and welfare of their children.
At any time after the last child becomes of age, Husband and Wife are permitted
to change their beneficiaries, as they see fit. However, nothing in this provision
prohibits them from continuing these policies for an indefinite period of time.
Each party shall continue to provide the other party with a copy of the Life
Insurance Policy confirming that they are the named beneficiary and that all premiums
are paid to date.
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10. CUSTODY AND VISITATION
Husband and Wife shall share custody of the minor children whereby Wife shall
have custody of the children for four days and nights the first week and Husband shall
have custody of the children for three days and nights for the first week. Wife shall
have custody of the children for three days and nights for the second week and
husband shall have custody of the children for four days and nights for the second
week. This pattern shall be followed from week to week as agreed by both parties to be
in the best interest of the children.
Husband and Wife have agreed that changes may be made to this Custody and
Visitation Averment if agreed upon by both parties at any time.
11. CONSULTATION CLAUSE
Wife and Husband shall confer with one another on all matters of importance
relating to the children's health, maintenance and education with a view towards
obtaining and following a harmonious policy in the children's best interests and shall
keep both parties informed of the progress of the children's education and social
adjustments at all times.
In the event of any serious illness of either of the children at any time, any party
then having custody of the said children shall immediately communicate with the other
party by telephone or any other means, informing the other party of the nature of the
illness. During such illness, each party shall have the right to visit the child as often as
she or he desires, consistent with the proper medical care of the said child. The word
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"illness" as used herein shall mean any disability which confines the child to bed under
the direction of a licensed physician for a period in excess of 72 hours.
12. LIABILITIES
Each party represents that they have not contracted any debt or liability for the
other for which the estate of the other party may be responsible or liable, and that
except only for the rights arising out of this Agreement, neither party will hereafter incur
any liability whatsoever for which the other party or the estate of the other party, will be
liable. Each party agrees to indemnify or hold the other party harmless from and
against all future obligations of every kind incurred by them, including those for
necessities. Husband and Wife shall be solely responsible for the automobile loans
relative to the respective vehicles which they are retaining.
1. Members 1st Visa Credit Card, Visa Account Number 104549,
with an approximate outstanding balance currently of $7,407.00, now held
in the names of David and Tammy Brinkley, shall be satisfied in full, at the
time of settlement by way of the Settlement Agent listing said Marital
Debts on the HUD-1 Settlement Document.
2. PSECU Visa Credit Card, Visa Account Number 207566117, with
an account balance owed of $1,628.54, currently in the name of David
Brinkley, shall remain in the name of David Brinkley.
3. GE Money Bank, Account Number 6020521401593767, with an
account balance owed of $340.00, currently in the name of David
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Brinkley, shall remain in the name of David Brinkley.
4. Members 1St PSL, Account Number 104549-L02, with an account
balance owed of $899.92, currently in the name of David and Tammy
Brinkley, shall be transferred to David Brinkley.
5. Citibank MasterCard, Account Number 5588790045722498, with
an account balance owed of $6,000.00, currently in the name of
Tammy Brinkley, shall remain in the name of Tammy Brinkley.
6. American Express Credit Card, Account Number
372521134822001, with an account balance owed of $6,000.00, currently
in the name of Tammy Brinkley, "Stolen Moments Photography", shall
remain in the name of Tammy Brinkley, "Stolen Moments Photography."
7. M & T Bank, Business Line of credit, Account Number
92621780001, with an approximate outstanding balance currently of
1,275.00, now held in the names of Dave and Tammy Brinkley, shall be
satisfied in full, at the time of settlement by way of the Settlement Agent
listing said Marital Debts on the HUD-1 Settlement Document.
8. M & T Bank, Business Line of credit, Account Number
99-4020659-8, with an account balance owed of $3,810.00, currently in
the name of Tammy Brinkley, shall remain in the name of Tammy
Brinkley.
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9. Boscov's Credit Card, Account Number 213485822,
with an account balance owed of $1,000.00, currently in the name of
Tammy Brinkley, shall remain in the name of Tammy Brinkley.
10. Commerce Bank, Account Number 1679075001, with an
approximate outstanding balance currently of $22,913.00, now held in the
names of Dave and Tammy Brinkley, shall be satisfied in full, at the time
of settlement by way of the Settlement Agent listing said Marital Debts on
the HUD-1 Settlement Document.
11. Commerce Bank, Account Number 167915000, with an
approximant account balance of $5,500.00, is currently in the name of
Dave and Tammy Brinkley, and shall be transferred to Tammy Brinkley.
Additionally, Wife shall confirm, in writing, that this account which was
originally opened as an "Open Line of Credit", shall have Husband's name
removed at the time of Transfer.
13. LEGAL FEES
Husband and Wife hereby agree to waive any right to alimony pendente lite
and/or spousal support. Additionally, each party agrees to be responsible for her or his
own legal fees and expenses.
14. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not merge with any subsequent Decree in Divorce between
the parties and shall survive such Decree and be entirely independent thereof. This
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Agreement shall be incorporated for the purposes of enforcement only into any Decree
in Divorce which may be entered with respect to the parties, but shall not be deemed to
have been merged with such Decree.
15. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, of and from any and all rights, titles and interests, or claims in or
against the property (including income and gain from property hereafter accruing) of the
other or against the estate of such other, of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against the other, the
estate of such other or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of dower or courtesy, or
claims in the nature of dower or courtesy or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth or territory of the United States, or (c) any other country, or any rights
which Wife or Husband may have or at any time hereafter have for past, present or
future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except, and
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only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the
intention of Wife and Husband to give to each other by the execution of this Agreement
a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any thereof,
subject, however, to the implementation and satisfaction of the conditions precedent as
set forth herein above.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least
30 days after demand therefore) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and as their respective counsel
shall mutually agree should be so executed in order to carry out fully and effectually the
terms of this Agreement.
17. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors,
administrators, successors or assigns.
14
18. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains
all of the representations, promises and agreements made by either of them to the
other for the purposes set forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or written, which shall or
may be charged or enforced or enforceable unless reduced to writing and signed by
both of the parties hereto; and the waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed to be considered a waiver of any other term,
condition, clause or provision of this Agreement.
19. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
20. SEPARABILITY
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law, or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under any one or more of the
15
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
21. NOTICE PROVISIONS
(a) Notice to Husband shall be sent by certified mail, return receipt requested to
David J. Brinkley, and Paul Bradford Orr, Esquire, Orr Law Office, 50 East High Street,
Carlisle, Pennsylvania 17013, or such other address as Husband from time to time may
designate in writing.
(b) Notice to Wife shall be sent by certified mail, return receipt requested, to
Tammy S. Brinkley, and Kristen R. Reinhold, Esquire, Silliker & Reinhold, 5922
Linglestown Rd., Harrisburg, Pennsylvania 17112, or such other address as Wife from
time to time may designate in writing.
22. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall not constitute a part of
this Agreement nor shall they affect its meanings, construction or effect.
23. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed.
However, the transfer of any and all property provided for herein shall take place as
soon as possible, but specifically, prior to the entry of a Final Decree in a Divorce, as
understood by all parties. Any and all support and visitation provisions shall be in effect
immediately. Finally, both parties agree that they will execute Affidavits of Consent and
16
Waivers of Notice contemporaneously with the execution of this Marital Settlement
Agreement and any other legal documents in order for Counsel to expedite a Final
Decree in Divorce being requested of the Cumberland County Court of Common Pleas.
All parties shall agree to provide, in a reasonable time frame, the documents listed
above in order for the Divorce to be finalized.
24. ESCROW CLAUSE
a. Husband and Wife agree that any attorney or Settlement Office
responsible for the transfer of the Marital Residence shall be appointed as
an Escrow Agent for the Limited purpose of satisfying all Marital Debt
Provisions herein and previously agreed upon by the parties.
25. DISCONTINUANCE OF ACTIONS
Upon the implementation of the obligations which are to be performed by
Husband as more particularly hereinabove set forth, Wife will authorize her attorney,
Kristen R. Reinhold, Esquire, to deliver to Husband's attorney, Paul Bradford Orr,
Esquire, such orders and documents as may be necessary to mark settled,
discontinued and ended the pending proceedings as set forth hereinbefore to which
shall be affixed Wife's consent thereto. Husband and Wife warrant and covenants that
they have instituted no other legal action in Pennsylvania or other jurisdiction and
covenants and agrees that they will not institute any legal proceeding in the future
against Husband/Wife excepting for the purpose of enforcing any rights accruing to
them under the terms of this Agreement.
17
26. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
27. BANKRUPTCY OR REORGANIZATION PROCEEDINGS
The parties' further warrant that they have not hereto instituted any proceedings
pursuant to the bankruptcy laws nor are there any such proceeding pending with
respect to them which have been initiated by others. It is stipulated and agreed by the
parties that the terms of this Agreement as they resolve the economic issues between
the parties incidental to their divorce and the obligations of the parties to each other
resulting therefrom shall not be dischargeable in bankruptcy, should either party file for
protection under the Bankruptcy Code at any time after the date of execution of this
Agreement.
The payments called for in this Agreement are not intended to be a debt which is
affected by a discharge in bankruptcy and the terms of this Agreement are not subject
to discharge in bankruptcy because the parties acknowledge that such are necessary
for the parties to meet their financial obligations and to support and maintain their
standard of living as well as that of the parties' children. The parties acknowledge that
there are not bankruptcy proceedings presently pending and they agree not to file a
bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be
discharged in a bankruptcy action filed by or on behalf of one of the parties hereto.
18
Also, if either party files for bankruptcy, this Agreement shall constitute conclusive
evidence of the parties' intent that the obligations in the nature of maintenance and
support are not dischargeable under current bankruptcy law or under any amendment
hereto. Further, if either party institutes any action in bankruptcy or any other
bankruptcy proceeding is instituted in which a party's right to have payments made by
the other becomes a matter for judicial review, the parties agree to consent to any
motion filed by the other with the bankruptcy courts, wherein the party may request that
the bankruptcy courts abstain from deciding the dischargeability of said obligation and
any other obligations to said party thereunder in order to allow appropriate Court of
Common Pleas to rule upon this issue.
28. BREACH
It is expressly stipulated that if either party fails in the due performance of any of
his or her material obligations under this Agreement, the other party shall have the right,
at his or her election, to sue for damages for breach thereof, to sue for specific
performance, or to seek any other legal remedies as may be available, and the
defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
29. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right to obtain from the other
party a complete Inventory or list of all property that either or both parties own at this
19
time or owned ad of the date of separation, and that each party has the right to have all
such property valued by means of appraisals or otherwise. Both parties understand
that they have the right to have court held hearings and make decisions on the matters
covered by this Agreement. Both parties understand that a court decision concerning
the parties' respective rights and obligations might be different from the provisions of
this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provided for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital and
non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital and
which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
20
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, spousal support, alimony, alimony pendente lite, equitable
distribution and counsel fees, costs and expenses.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and
Husband, as parties hereto, acknowledge the Xipt?f a duly executed copy hereof.
? #IV /? k(,?jl {c)y Witne"- -TVimmy S? Bri#ley,
r U
:ypr,,nna. CCK,^, Witness avid J. Brin ey, Husband
21
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF GWMB-ERbkNiD -O uPHIN
ON THIS, the 23?`? day of May, 2007, before me, the undersigned
officer, personally appeared Tammy S. Brinkley, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
l.V I
ry, Public
Coun
hin
v. 30, 20 0
EM19]
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF idB -DAR {'(N
ON THIS, the c> day of May, 2007, before me, the undersigned
officer, personally appeared David J. Brinkley, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Feu 4=4fa"s-
NOTARIAL 3EAL
R" Drelsbach, Nob
Lower Paxtoin T* . Daup In C
Commission {res Nov 30, nt 2010
22
The undersigned, Kristen R. Reinhold, Esquire, and Paul Bradford Orr,
Esquire, have carefully reviewed the contents of this Agreement. We agree that each
of us will act as an Escrowee under the terms of this Agreement and that each of us will
perform all of the obligations required to be performed as an Escrowee under this
Agreement.
Dated: b y
n ten ei d, i
Dated:
Paul Bradford Orr, quire
23
4r"°+y n....T
Y -4
C, I
f?
?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DAVID J. BRINKLEY
Plaintiff
VERSUS
TAMMY S. BRINKLEY,
Defendant
No. 7011 of 2006
DECREE IN
DIVORCE
AND NOW, '? , IT IS ORDERED AND
DECREED THAT DAVIDLBRINKLEY , PLAINTIFF,
AND
TAMMY S. BRINKLEY
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;
"j-
BY THE COU2T:
ATTEST: J.
PROTHONOTARY
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