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CINDY BATES BROOKS
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
Plaint;~ff,.." .,.....,.
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p~fenc,iant
DECREE IN
DIVORCE
AND NOW, , :J Wl,~.. i!.". .. .. .. . .. . .. " 19,1.':1.., it is ordered and
decreed that. , , ,. , " ~.~':lc;1y. .~~~~!!. ~1=.C!C?~!3,.. ,. , , ...... .. ...., plaintiff,
and....".."..,.. ~~~~~.~~. ~.~E7. ~!.~C?~~.', .~~:.,..,."....... 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;
. ... .... .... ........ .... ... ..... ...... ....................................
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CINDY BATES BROOKS,
plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Civil Action - Law
VS.
:
RUSSELL LEE BROOKS, SR.,
Defendant
DIVORCE
NO. 1130 CIVIL 1994
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 16th day of June, 1994 by and
between Cindy B. Brooks, of 12 Peacock Drive, Carlisle,
Pennsylvania 17013 (hereinafter referred to as "WIFE") and
Russell Lee Brooks, Sr., of 5146 Erbs Bridge Road, Mechanicsburg,
Pennsylvania 17055 (hereinafter referred to as "HUSBAND").
WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married
on September 7, 1974 and WIFE instituted an action in divorce to
No. 1130 CIVIL 1994 in the Court of Common Pleas of Cumberland
County Pennsylvania on March 9, 1994. The pleadings in the case
raised the issues of equitable distribution of marital property,
alimony pendente lite, counsel fees and expenses and custody of
the children; and
WHEREAS, The parties have reached an agreement as to the
settling of all these matters between them.
NOW, THEREFORE, in consideration of the promises and the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
I is hereby acknowledged by each of the parties hereto, HUSBAND and
I WIFE, each intending to be legally bound, hereby covenant and
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I agree as follows:
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1.
The parties intend to maintain separate and permanent
domiciles and to live apart from each other. It is the intent
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.
2.
The terms of this Agreement and their effect have been fully
explained to the parties by their counsel, Jane M. Alexander,
Esquire who has, after explaining to them their right to each
retaining counsel agreed to represent both parties. The parties
acknowledge that they have received legal advice from counsel
and have been fully informed as to their legal rights and
obligations or have fully chosen not to do so. The parties
understand the facts and acknowledge and accept this Agreement as
fair and equitable and release Attorney Alexander from any and
all liability thereunder.
3.
The parties have attempted to di',ide their matrimonial
property in a manner which conforms to a just and right standard,
with due regard to the rights of each party. It is the intent of
I the parties that such division shall be
idetermine their respective rights. The
Imarital property is not intended by the
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final and shall forever
division of existing
parties to constitute in
,
any way a sale or exchange of assets, and the division is being
effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
4.
Further, the parties agree to continue living separately and
apart from the other at any place or places that he or she may
select. Neither party shall molest, harass, annoy, injure,
threaten or interfere with the other party in any matter
whatsoever. Each party may carryon and engage in any
employment, profession, business or other activity as he or she
may deem advisable for his or her sole use and benefit. Neither
party shall interfere with the uses, ownership, enjoyment or
disposition of any property now owned and not specified herein or
property hereafter acquired by the other.
5.
The consideration for this contract and agreement is the
mutual benefits to be obtained by both of the parties hereto and
the covenants and agreements of each of the 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.
.
6.
It is further mutually agreed and understood by and between
the parties that all joint debts have been paid including open
accounts, credit cards, and bank liabilities except as
hereinafter set forth:
a. The HUSBAND shall assume all liability for and pay and
indemnify the WIFE against all debts and bills in his name alone,
particularly those incurred since date of separation.
b. The WIFE shall assume all liability for and pay and
indemnify the HUSBAND against liability for all debts and bills
in her name alone, particularly those incurred since date of
separation.
c. The parties do acknowledge that they do have the
following outstanding obligations and agree to responsibility for
payment as follows:
1) HUSBAND has or will assume payment of the balance
due on the Household Finance Company account with a balance due
of approximately $1,900. This account shall be refinanced in
HUSBAND'S name alone or account shall be paid in full and closed.
2) WIFE will continue to assume payment of the balance
due to Blazer Finance company with a balance due of approximately
$2,000. This account shall be refinanced in WIFE'S name alone or
account shall be paid in full and closed.
2. HUSBAND shall receive title to the 1993 Chevrolet and
assume the responsibility of payment of the balance do the
General Motors Acceptance Corporation which is approximately
$13,000.
3. HUSBAND shall receive the 1986 Kawasaki cycle and the
1991 Kawasaki jet ski and ski trailer.
4. WIFE shall receive title to the 1987 Subaru which is
presently titled in both names and be reoponsible for any
indebtedness thereon.
5. WIFE shall receive title to the 1983 "pop-up" trailer.
6. WIFE shall receive title to 1991 Sedu jet ski.
c. BANK ACCOUNTS: The account of the HUSBAND shall become
his sole property and any bank account of the WIFE shall remain
her sole property.
d. PENSION AND/OR RETIREMENT FUND: Neither party shall
make any claims concerning existing pension and/or retirement
funds and therefore, neither party is making any demand for
payments from same. If releases are required by either party to
remove spousal rights said documents shall be promptly executed
upon request.
7.
a. RESIDENCE OF THE PARTIES: The marital residence of the
parties, being a mobile home located at 12 Peacock Drive,
(Township of Middlesex) Carlisle, Pennsylvania 17013, shall be
titled in WIFE'S name free and clear of all encumbrances. The
agreed upon consideration for the transfer of six thousand
($6.000) dollars has been paid.
Other real estate owned by the parties is an interest in a
hunting camp in Juniata County. No change is to be made in the
ownership.
b. PERSONAL PROPERTY: The parties have heretofore divided
their personal property to their mutual satisfaction. Henceforth,
each of the parties shall own, have, and enjoy independently of
any claim or right of the other party, all items of personal
property of every kind, nature and description and wherever
situated, which are now owned or held by or which may hereafter
belong to the HUSBAND or WIFE, with full power to the HUSBAND or
the WIFE to dispose of same as fully and effectually, in all
respects and for all purposes as if he or she were married.
Specific disposition of major items of personal property is as
follows:
1. HUSBAND shall retain the ownership of the 1985 Ford
pickUp truck which is titled in his name alone. There is no
indebtedness thereon.
8.
There were two children born of this marriage, Russell L.
Brooks, Jr., born June 20, 1977, age sixteen (16) shall reside
with the HUSBAND, the natural father, who shall have primary
physical custody of his son, Russell L. Brooks, Jr., and stacy M.
Brooks, born November 30, 1978, who shall reside with the WIPE,
the natural mother, who shall have primary physical custody of
her daughter, Stacy M. Brooks.
a. HUSBAND and WIPE shall have joint legal custody of both
children.
b. Both parties agree that, because of the age of the
children, visitation with the non-custodial parent shall be
arranged on a schedule mutually convenient to all parties.
c. Should a medical or other emergency arise in regard to
either child, the parent having custody at that time shall
immediately notify the other parent.
d. The parties agree that there' shall be no claim for
support filed by either the HUSBAND or the WIPE unless the
aforementioned custody arrangement changes and one parent would
have custody of both children.
e. The parties agree that the college expenses for the son,
Russell L. Brooks, Jr. shall be equally divided between the
parties.
f. WIPE will continue to provide medical insurance
coverage for the children as long as they are eligible.
9.
Alimony: The parties agree that neither party shall seek
alimony or support from the other.
10.
The property settlement as provided herein between the
parties shall be considered an equitable distribution of marital
property and both parties waive any and all rights or claims
which they may have been entitled to raise with respect to the
issue of equitable distribution under the provisions of the
Pennsylvania Divorce Act.
11.
The parties agree that simultaneously with the signing of
this Agreement they will sign the necessary affidavits of consent
and affidavits acknowledging notice of marriage counseling in
order to conclude the divorce action filed by WIFE under the
no-fault provisions of the Pennsylvania Divorce Act.
12.
The waiver or unenforceability of any term, condition,
clause or provision of this Agreement shall in no way be deemed
or considered to be a waiver of or forfeiture of right to enforce
any other term, condition, clause or provision of this Agreement.
13.
This Agreement shall be construed and interpreted according
to the laws of the Commonwealth of Pennsylvania.
14.
It is understood and agreed that the heirs, administrators,
executors and assigns of the parties hereto shall be bound by all
the terms, conditions, clauses and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written, intending to be
legally bound.
Brooks
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K.~-( L. ,tfJiJ(SEAL)
Russell Lee Brooks, Sr.
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undersigned officer, a Notary
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Public,
, 1994, before me, the
in and for said
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
On this, the )t:Liay of
: 55.
.
.
Commonwealth and County, personally appeared Cindy Bates Brooks
and Russell Lee Brooks, Sr. known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the
foregoing Marriage Settlement Agreement and in due form
acknowledged that they executed the same for the purpose therein
contained and desired the same to be recorded as such.
WITNESS my hand and notarial seal the day and year
aforesaid.
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'Notary Public
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CINDY BATES BROOKS, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . OF CUMBERLAND COUNTY, PENNA.
.
VS. . Civil Action - Law
.
.
.
RUSSELL LEE BROOKS, SR. . NO. 1130 CIVIL 1994
.
Defendant
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. Grounds for divorce: Irretrievable breakdown under
Section (X) (3301 (c) or () (3301 (d) of the Divorce Code.
2. Date and manner of service of the Complaint:
bv U.S. Postal Service. Certified and Restricted with
received.
MARCH 18. 1994
return receiPt
3. (Complete either paragraph (a) or (b) )
(a) Date of execution of Affidavit of Consent required
by Section 3301 (c) of the Divorce Code:
By Plaintiff: June 16, 1994
, By Defendant:
June 16, 1994
(b) Date of execution of the Plaintiff's Affidavit of
required by Section 3301 (d) of the Divorce Code:
and, date of service of the Plaintiff's Affidavit upon the
Defendant:
4. Related claims pending:
satisfied.
All claims are settled and
5. Date and manner of service of notice of intention to
file praecipe to transmit record, a copy of which is attached, if the
decree is to be entered under section 3301 (d) (1) (i) of the Divorce
Code.
/t.?.
Jane M. A
. Attorney for
, sq re
(Plaintiff)
(Defendant)
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INDY BATES BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DIVORCE
VS.
USSELL LEE BROOKS, SR.
Defendant
NO. //3 (]
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NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
he claims set forth in the following pages, you must take prompt
ction. You are warned that if you fail to do so, the case may
roceed without you and a decree of divorce or annulment may be
ntered against you by the Court. A Judgment may also be entered
gainst you for any other claim or relief requested in these
apers by the Plaintiff. You may lose money or property or other
ights important to you, including custody or visitation of your
hildren.
When the ground for the divorce is indignities or irretriev-
ble breakdown of the marriage, you may request marriage counsel-
ng. A list of marriage counselors is available in the Office of
he Prothonotary at the Cumberland County Court House, Carlisle,
ennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION ~F PROPER-
, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
RANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
o NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
CUmberland County Courthouse 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
CINDY BATES BROOKS,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
DIVORCE
RUSSELL LEE BROOKS, SR.
Defendant
NO.
NOT I C I A
Le han demandado a usted en la corte. Si usted qui ere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted de be presentar una apariencia
escrita 0 en persona qr por abogado y archivar en la corte an
forma escrita sus defensas 0 sus objeciones alas demandas en
contra suya.
Se ha avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. US TED PUEDE PERDER DINERO 0 PROPIEDADES 0
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI USTED NO
TIENR 0 CONOCES UN ABOGADO VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse 4th floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
Telephone: (717) 854-8755
, ~"'f-:";I4'l',..~.......
COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE
AND NOW, this 2nd day of March, 1994, comes the Plaintiff,
Cindy Bates Brooks, by her attorney, Jane M. Alexander, Esquire
and filed this Complaint in Divorce upon a cause of action of
which the following is a statement.
1. Plaintiff is Cindy Bates Brooks, 37 years of age, who
currently resides at 12 Peacock Drive, Carlisle, Pennsylvania
17013 (Middlesex Township) County of Cumberland and Commonwealth
of Pennsylvania.
2. Defendant is Russell Lee Brooks, Sr., 37 years of age,
who currently resides at 12 Peacock Drive, Carlisle, Pennsylvania
17013 (Middlesex Township) County of Cumberland and Commonwealth
of Pennsylvania.
3. Plaintiff and Defendant have both resided in the
Commonwealth of Pennsylvania for at least six (6) months prior to
the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married September 7,
II 1974 in Pennsylvania by a minister.
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5. There were two (2) children born to them. Russell L.
Brooks, Jr., age sixteen (16), born June 20, 1977, and Stacy M.
Brooks, age fifteen (15), born November 30, 1978.
6. There were no prior actions in divorce or annulment
commenced by the parties.
7. The parties have not entered into a written agreement as
to alimony, counsel fees, costs and property division.
8. 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.
9. While the parties were domiciled within the Commonwealth
of Pennsylvania, and through no fault of Plaintiff, the innocent
and injured spouse, the Defendant, in violation of the marriage
vows and the laws of the Commonwealth, has offered such indigni-
ties to the person of the Plaintiff as to render her condition
intolerable and life burdensome.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree of Divorce from the bonds of matrimony.
COUNT II
10. The allegations of Paragraphs one (1) through nine (9)
are incorporated herein by reference and made a part hereof.
11. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree of Divorce from the bonds of matrimony.
COUNT III
12. The allegations of Paragraph one (1) through nine (9)
and Paragraphs ten (10) and eleven (11)) are incorporated herein
by reference and made a part hereof.
13. Plaintiff and Defendant have acquired property, both
real and personal during their marriage.
14. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property.
WHEREFORE, Plaintiff requests your Honorable Court to
equitably divide all marital property of whatsoever kind and
wheresoever situate and for such further relief as the Court may I
deem equitable and just.
Respectfully submitted,
DATE:
/]~ ~
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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. Section 4904
relating to unsworn falsification to authorities.
&l~(ill- &t:tlA Aw"'k<Jj
cindy Bates Brooks
DATE:
March 2, 1994
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
.
.
S.S.
Before me, the undersigned officer, a Notary Public, in and
for the said Commonwealth and County, personally appeared
Cindy Bates Brooks who, being affirmed according to law, deposes
and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of her knowledge,
information and belief.
~l/ui:/: O/.t[4- &(M-iJ
Cindy B es Brooks
Sworn to and subscribed
before me this 2nd day
of M"rch, 1994
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Notary Public
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W..........T\\1lo,'lb1tCOlltV
MyCOlM'lSsion ElIpiresAi-O.4, 1997
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CINDY BATES BROOKS,
plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND CO. PENNA.
Civil Action - Law
VS.
USSELL LEE BROOKS, SR.
Defendant
COMPLAINT IN DIVORCE
: No. 1130 CIVIL 1994
AFFIDAVIT OF SERVICE
OMMONWEALTH OF PENNSYLVANIA
SS:
OUNTY OF YORK
.
.
AND NOW, this 30th day of March, 1994 personally appeared
ane M. Alexander, Esquire, who swears according to law, that a
true and correct copy of the Complaint in Divorce under Section
3301(c) of the Divorce Code was caused to be served by certified
ail with return receipt requested upon the said Russell Lee
rooks, Sr., at his last known address: 12 Peacock Drive,
carlisle, Pennsylvania 17013, on March 18, 1994, at 3:00 P.M. by
leaving the same at the Dillsburg Post Office with postage
re-paid thereon as evidenced by the mailing receipt and return
eceipt hereto attached and made a pa thereof.
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rNDY BATES
IrSSELL LEE
BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND CO. PENNA.
Civil Action - Law
COMPLAINT IN DIVORCE
No. 1130 CIVIL 1994
VS.
BROOKS, SR.
Defendant
PROOF OF SERVICE
PS FORn 3800, M.rch 1993
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY', PA
Civil Action - Law
CINDY BATES BROOKS,
Plaintiff
RUSSELL LEE BROOKS, SR.
Defendant
: DIVORCE
: NO 1130 CIVIL 1994
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on MARCH 9. 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from date of filing of
the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of final decree in
divorce, the right to claim any of them will be lost.
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 lS Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
~ - /& - ?~
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Cindy Bates Brooks
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CINDY BATES BROOKS,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Civil Action - Law
VS.
RUSSELL LEE BROOKS, SR.
Defendant
DIVORCE
NO 1130 CIVIL 1994
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on MARCH 9. 1994.
2. The marriage of plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from date of filing of
the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the Court before the entry of final decree in
divorce, the right to claim any of them will be lost.
I verify that the statements made in this Affidavit are true I
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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:
?,-/ft>-fJ1
Russell Lee Brooks, Sr.