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:i IN THE COURT OF COMMON PLEAS :
$1 OF CUMBERLAND COUNTY *
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:' STATE OF ~~t PENNA. :
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SA/olJEL E. BHJ\NDl', JH.
~ 1'\11. 94~4218, II) 94 8
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~ SHAROO L. BAANDl' .
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ANO NOW, ' , ,
DECREE IN
DIVORCE
J"~l'1b", 19 95" It II'l ordflron nnn
SJ\MUEL E. BHJ\NDl', .JH.
deWlfHi thnt . . , , , .
ond ' . , . . . . , pll/ll{ON r.,.. f31WlPl' .
orf! divorced from tho bonds of matrimony.
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Thfl courl retolns lurisdic:tlon of the followln!1 c1nims which hove
been roi!iAd of rAcord in this oct Ion for which n flnol ordf!r hns not yet
bAAn An tflred;
This Decree incorporates, but doos not merge, t.he Marital Settlement
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PROPBlTY SBTrLIlIUlNr..MDUlmt.lllt'I
T1118 AORI!I!HBNT, made tbis 199. day of ~~'t' ' 1995, 1s by and beheen:
BAHUI!L I!. BRANDT, JR., of 298 South Geyer's Churcb Road, Middletown, Pennsylvania,
party of the first part, hereinafter referred to as "Husband"; and
BHARON L. BRANDT, of 1481 Cockley's Meadow Drive, Boiling Springs, Pennsylvania,
party of tbe second part, hereinafter referred to as "Wife,"
VITNBSSBTH:
VHBRBAB, the parties hereto are husband and wife, having been married on 18 April
1981 and are the natural parents of two minor children: Lindsey P. Brandt, born 24
. September 1984, and Stacey M. Brandt, born 14 December 1985 (hereinafter referred to as
, "children") I and
WHBRRAB, certain difficulties bave arisen between tb& parties hereto which have
,
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I Made them desirous of living separate and apart from one another and Husband bas filed
an action in divorce against Wife wbich is now pending to No. 94-4218 Civil Term before
the Court of Common Pleas of Cumberland County, Pennsylvania; and
VHBRBAB, the parties hereto have mutually entered into an agreement for the
division of their assets, the prOVision for their children and for their rights and
responsibilities in and toward such children, the provision for tbe liabilities they
owe, and provision for the resolution of their mutual differences, after both parties
have had full and ample opportunity to consult with their respective attorneys, and the
parti~s now wisb to have that agreement reduced to writing.
NOW, THBRBPORB, the parties hereto, in consideration of the above recitals, the
"mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their
heirs, sucoessors, assigns, and personal representatives, do hereby covenant, promise,
and agree as followe:
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1, Primary phY61cal custody ot the partIes' children shall be and remain with
Wife, subj~ct to the rlqhts ot each party with regard to the children. Hunband shall
I have such rights of temporary or partial custody as the parties may agree, from time to
time, or as a court ot appropriate jurisdiction may order In the event the parties
cannot agree,
2, Husband and Wite acknowledge that t.hey are parties to a support action pending
i before the Court of Common Pleas ot Cumberland County, Pennsylvania, to No, 302 BA of
I
! 1994, and tbat an order is currently entered In that action obligating Husband to pay
$419.00 per month child support, The parties agree that their rights and obligations
! regarding the financial support ot the children shall be determined and governed by
: such action and the orders entered in such action, both now and hereafter.
,
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i: 3, Husband and Wite mutually represent that their children may wish and desire
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: formal education beyond normal high school completion. Both parties hereto agree to
i I contribute, in proportion to their incomes at the time of such formal education, to the
:, direct costs, including but not. limited to, tuition, room and board or other living
expenses, and books of the child or children incurred in the college or other
legitimate formal education following high school.
4. Husband covenants and agrees to convey to Wife, as her sole and separate
property, the real estate presently owned by the parties hereto as tenants by the
entireties and being known as 1481 Cockley's Meadow Drive, Boiling Bprings, Monroe
Township, Cumberland County, Pennsylvania, subject, however, to all liens,
encumbrances, easements, and restrictions presently existing thereon. In furtherance of
this Agreement, Husband represents that he has, as ot the date of this Agreement,
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;, executed, acknowledged, and delivered to his attorney, a deed to said real eSlate,
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conveying the same as above described to Wife, and agrees that said deed shall be held
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I, in escrow by his attorney pending the filing by both parties of tha consents and other
"
documents necessary to conclude the divorce action between the parties, at which time
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Husband's attorney shall, without further direction or autho1'1zatlon from Husbancl,
deliver the said deed to Wife's attorney or such other person as Wife may designate, so
that the deed call be recorded at or shortly before the time of entry of a Unal decree
in divorce,
5. In consideration of the conveyance of real estate os above described, Wife
hereby covenants and agrees to assume and pay in full the remaining balance of the
gortgage now existing and presently constituting a lien upon and encumbering the same
premises, in accordance with the terms and provisions of the mortgage, such mortgage
being owed and payable to Harris Savings Bank, and Wife further agrees and covenants
that she will indemnify and save Husband harmless from any and all liability, expense,
cost, or loss whatsoever as a result of her non-payment of or non-performance of said
mortgage and said mortgage conditions.
6. The parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furniShings, appliances, and other household and
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 tangible personal
property presently in his or her possession, whether said property was heretofore owned
jointly or individually by the parties hereto, and this agreement shall have the effect
of an assignment or receipt from each party to the other for such property as may be in
the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be cont(!mporaneous with the date of the execution of this Agreement,
7. The parties acknOWledge that they are aware of the income, education, income
potential, and assets and holdings of the other or have had full and ample opportunity
to become familiar with such items. Both parties acknowledge that t~ey are able to
support and maintain themselv~s comfortably, without contribution from the other except
as expressly provided for In this Property Settlement Agreement, upon the income and
assets owned by each of them. The parties hereby accept the mutual covenants and terms
3
of thin ^greeMent and the benefits and proportien pasBed to them hereunder in lieu of
any and all rights to support or alimony for thcmsclf, counsel fees, and alimony
pendente lite at this ti.e and during any and all further or future actions of divorce
I brought by either of the partics hereto and the parties do hereby remise, release, quit
claim, and relinquish forever any and, all of their said rights to support tor theMselt,
'counsel fees, alimony, and aliMony Pendente lite during the pendency ot or as a result
I of any sucb actions, as provided by the Divorce Code of Pennsylvania or any other
applicable statute, at this time and at any time i,n the future.
8. The parties acknowledge that each of them have had a full and ample
opportunity to consult with counsel of their choice regarding their claims arising out
of the marriage and divorce and that they have Bpecitically reviewed their rightB to
I the equitable distribution ot marital property, including rightB ot diBcovery, the
right to compel a tiling of an Inventory and AppraiBement, and the right to have the
II
:, court review the assetB and claims of the partieB and decide them aB part of the
, divorce action. Being aware of those rights, and being aware of the marital property
owned by each of the parties, the partieB hereto, in conBideration of the other terms
and proviBions ot this agreement, do hereby waive, release and quitclaim any further
right to have this court or any otter tribunal equitably distribute or divide their
marital property and do hereby turther waive, release and quitclaim any and all claim
againBt or interest in assets now currently in the possession or held in the name of
the other, it being their intention to accept the terms and provisions of this
agreement in full satisfaction of all of their claims to the marital property of the
parties and the equitable distribution of the same.
9. Except as herein otherwise provided, each party hereto may dispose of his or
her property in any way, and each party hereby expreBsly waiveB and relinquishes any
and all rights he or she may now have or hereafter acquire, under the present or future
lavs of any jurisdiction, to share in the property or the estate ot the other as a
4
result of the marital relationship, including, without limitation, the right to
equitable division of marital property, alimony, alimony pendente lite, and counsel
feea, except as prov ided for otherwise In this ,\qreement, dower" courteuy, statutory
allowance, widow's allowance, right to take In Intestacy, right to take aqalnst the
will of the other, and rlqht to act as admlnlutrator or executor of the other's estate,
and each will,' at the request of the other, execute, acknowledqe, and deliver any and
all instruments which may be necessary or advisable to carry Into effect this mutual
waiver and relinquishment of all such interests, rlqhts, and claims,
10. Husband releases his inchoate Intestate rights in the estate of Wife and Wife
releaaes her Inchoate intestate rlqhts in the estate of Husband, and each of the
parties hereto by these presents for himself or herself, his or her heirs, executors,
administrators, or assigns, does remise, release, quit claim, and forever discharqe the
other party hereto, his or her heirs, executors, administrators, or assiqns, or any of
them, of any and all claims, demands, damaqes, actions, causes of action or suits of
law or in equity, of whatsoever kind or nature, for or because of any matter or thinq
done, omitted, or suffered to be done by such other party prior to the date hereof;
except that this release shall in no way exonerate or discharqe either party hereto
from the obliqations and promises made and imposed by reason of this aqreement and
shall in no way affect any cause of action in absolute divorce which either party may
have against the other.
11. The parties hereto mutually represent to the other that neither of them has
incurred any debts In the name of the other not previously disclosed or provided for in
this aqreement. Bach of the parties hereby represents to the other that neither one of
them has Incurred or contracted for debts In the name of the other or for which the
other Is or would be leqally liable from and after the date of the partieu' separation,
Both parties hereto mutually agree aad promise that neither will contract or otherwise
Incur debts in the other's or joint names without the prior permission and consent of
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the other party herBto. Both parties hereto represent and warrant to the other party
that they have not so contracted any debts unbeknownst to the other up to the time and
',date of this Agreement.
12, In the event tbat any of the provisions of this agreement are breached or
,
'I violated by either of the parties, the other party sball be entitled to enforce this
I, agreement by an appropriate action in law or in equity or to take any otber action to
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which they are lawfully entitled to enforce this agreement or otherwise protect their
,rights. In the event that such action is cOlmenced by one of the parties and the other
I! party is found to have breached or violated any of the terms and provisions of this
!' agreement, the party having so violated or breached the agreement, shall be responsible
,
,i for and shall promptly pay upon demand the reasonable attoFney's fees incurred by the
Ii other party to enforce their rights hereunder.
"
13. The parties agree that they shall, promptly upon the request of Wife's
'; attorney, make, execute, acknowledge and deliver unto said attorney, consents pursuant
,
! to section 330l{c) of the Pennsylvania Divorce Code, affidavits acknowledging service,
or any and all other documents, including affidavits and pleadings, as may reBsonably
be required by said attorney, to complete and conclude said divorce action as promptlY
,
as requested by said attorney.
14. This Agreement shall be interpreted and construed in accordance with the laws
of the Commonwealth of Pennsylvania.
1~. If for any reason whatsoever any part of this Agreement shall be declared
"
, void or invalid, only such part shall be dee.ed void and in all other respects this
Agreement shall remain valid and fully enforceable,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. ~ ~ . Lp.! S C I V I I T ~ IfY)
SAMUEL E. BRANDT, JR.
Plaint.l.ff
SHARON L. BRANDT
Defendant
CIVIL AC'fION - LAW
IN DIVORCE
NOTICE
YOU HAVE BBBN SUBD IN COURT. If you wish to defend against
the claims set forth in the fOllowing pages, you must t~ke prompt
action. You are warned that if you fail to do so the case may
proceed without you and a decrEle 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 thesE1
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of YOU1'
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, Cumberland County Courthouse,
Carlisle, Pennsylvania, and the Cumberland County Domestic
Relations Office, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OP PROPERTY,
LAWYBR'S FEES OR nXPBNSBS BBPORE A DIVORCE OR ANNULMBNT
IS GRANTBD, YOU MAY LOSE THB RIGHT TO CLAIM ANY OF THEM.
,
YOU SHOULD TAX! THIS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO
NOT HAVB A LAWYER OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB
OPPICB SET FORTH BELOW TO FIND OUT WHBRE YOU CAN GET LBGAL HBLP:
Court Administrator
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
carliSle, PA 17013
(717) 240-6200
BY:~ ------,
James W. Abraham, Esquire
Abraham Law Offices
116 Locust street
HarrIRhllr'J. PA 17101
(717) 232-7825
Attorney for Plaintiff
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNA.
: NO.
CIVIL ACTION - LAW
IN DIVORCE
SAMUEL E. BRANDT, JR.
Plaintiff
SHARON L. BRANDT
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Samuel E. Brandt, Jr., by and
through his attorney, James W. Abraham, Esquire, Abraham Law
Offices, Harrisburg, Pennsylvania, and files the followingl
COUNT I
DIVORCE PURSUANT TO SECTION 3301(0)
OF THE DIVORCE CODE
1. Plaintiff, Samuel E. Brandt, Jr. is an adult
individual who currently resides at 298 South Geyers Church
Road, Middletown, Dauphin county, Pennsylvania.
2. Defendant, Sharon L. Brandt, is an adult individual
who currently resides at 1481 Cockley's Meadow, Boiling Springs,
Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six months immediately
prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 18,
1981, in Middletown, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties hereto.
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