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Home My WebLink About95-01743 1 <..,. cf) .t) 7 1 '- c9 ~ J ('<) ""j'"' r- - ,. .:+:. -:.:. .:+:. .~:. <+:. .:.:. .;c- ,:Co'.:c- .:c..at- .:+:. .:+:. .:.:. .:+:. .:+:. .:.:. .:+:. .:+:. .:.:.:-...:.r.....:.:.::-:.>:,:.:.}".:.) -:+:- ':41> ~ 0:.>:.... ~l - ~ ~ ~~ 8 v ~.' ," ~ t " ~ .'~ ~ ~ ~ ," ~ ~ '.' ,', :, ~ '.' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA. Wi11i8lll.A1len..Brandt., . Plaintiff ................... ~ No. 95..",...11.43... ................. jl I VCI':HIS ,', ~ Patricia Ann Brandt._ Defendant i II 'i .1 ~ ~ .' w '.' DECREE IN , V O~R C E;t. <I ~ '20 PI1 AND NOW,fJ. . , ,..,........... (.... 19.97..... it is ordered and decreed that... .~~n~~.1H-~'!~.I!t;~~"I;. .. .,. ... . . ..,. .... " ...., plaintiff, and... .. .... .. . pllJ:dJ:b.. AM. ~J'IlJ1I1.t.. .. .. ., .. .. . .... ..". . .... defendant, are divorced from the bonds of matrimony. t ',' ,', ~ S~ ~ ,; ~ ,... ~ ~ '" l!' ;i! '.' 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; 8 t '.' ~ or' ,'~ ~ None. The Marital Agreement between the parties dated November 7. 1996. is ,.... ....,...." ,...".. ,......".......,' ,... ... ... ,.,..... " .......... "J hereby entered as an Order of Court and the terms thereof are hereby incorporated ~ ",. ....., ,.. ,., ,. ".,....,..",..,.. ......., ,. " '0' ....... ,... ,. ......... ',' in the Decree in Divorce. v ',' ~ ~ ~ :,' i ... I, A-?~';;,,7;~ J. WprOlhO~Ola'ry ~ ~ ~I ~I :;'..- -.... .. . .~;. .:.:. ':.:' .'. ,', ~ ~ ~ ~ ~ ~ .,; ~ ~ ~ ,~~ ~ ,'~ ~ ~ ~ ~ f~ ,', ~ ~ ,.~ ~ ~ $ i ~.~ ~ ,~ :~ ~ ,.~ ,', ~ ~ '.' ,', ~ ~ ,', * ~ '.' ~ * ~ ',' Ii i':' !~ (V , . l:~ .. "~"""~'.~--.-~,~.-''''_~' ,..~ ~~--~'-~~.._.......~......_~-.....-. ,'~ *****~~*~*~~*~~**~*~~.~' '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM ALLEN BRANDT, Plaintiff CIVIL ACTION - DIVORCE v. No. 95- 1743 PATRICIA ANN BRANDT, Defendant AGREEMENT MADE by and between WILLIAM ALLEN BRANDT (hereinafter referred to as "Husband"), party of the first part, and PATRICIA ANN BRANDT (hereinafter referred to as "Wife"), party ofthe second part. WITNESSETH WHEREAS. the parties hereto are Husband and Wife, having been married on June 8, 1988; and WHEREAS. the parties have resolved that it is impossible to continue the marital relationship between them for reasons known to them, and; WHEREAS Husband has commenced an action in Divorce entered to No. 95-1743 in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS the parties desire to settle their property rights, and other rights and obligations arising out of their marital relationship; and WHEREAS Husband and Wife have made a complete and full disclosure to each other of all assets that they had either individually or jointly with each other, or with other parties, and both acknowledge that they have each had an opportunity to discuss the disclosure of same with an attorney of his or her choice; and 1 WHEREAS, both Husband and Wife have had the opportunity, independently of each other, to consult an attorney of his or her choice to have explained fully and completely his or her legal rights and obligations under the Divorce Code and the legal effect of the provisions of this Agreement. WHEREAS, both Husband and Wife fully understand all of the terms, conditions, and provisions of this Agreement and believe it to be fair, just, adequate, and reasonable as to each of them, and, voluntarily accept such terms, conditions and provisions. NOW THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows: 1. The parties may and shall continue at all times to live separate and apart from each other, free from interference or control by the other, as fully as if he or she were single and unmarried. Each may hereafter reside at such place any where in the world and engage in any employment, occupation, business or trade, which either may deem fit, free from any interference or contro~ direct or indirect, by the otherin all respects as ifhe or she were single and unmarried. 2. The parties hereto acknowledge the following outstanding marital indebtedness arising either from the marriage or from the family grocery business known as Brandt's Family Market, which includes but may not necessarily be limited to the following: NAME OF PAYEE ADDRESS OF PAYEE APPRX. BALANCE DUE & OWING $701.00 $700.00 Sears Credit Card Lowes Credit Card PP&L Two North Ninth Street Allentown, PA 18101 $5,012.53 United Telephone P.O. Box 4500 Carlisle, PA 17013 $ 109.28 2 MCI P.O. Box 85053 Louisville, KY 40285 $ 14.39 Newville Water & Sewer $ 891.74 Ameritron P.O.. Box 9926 Trenton, NJ 08650 $ 574.00 Amerigas 5400 Paxton Street Harrisburg, PA 17111 $ 460.48 Yellow pages 90 Park Avenue, Ste 1600 New York, NY 10016 $ 137.50 Auto Locator P.O. Box 500 Mountjoy, PA 17552 $ 139.17 Archway 11820 Orchard Lane Waynesboro, PA 17268 $ 87.43 Ben-Dor P.O. Box 94 Associates Bellmar, NJ 08099 $ 964.82 Butterkrust 249 N 11th Street Sunbury, PA 17801 $ 416.71 Capital Cards $ 485.04 Coffee Time 3201 Fulling Mill Road Middletown, PA 17057 $ 845.87 Coca Cola 1020 E. Main Street Norristown, PA 19401 $ 696.1 7 Cresslers Food 209 West King Street Shippensburg, PA 17257 $1,575.16 Chronicle $ 505.13 Cross Roads 399 Carlisle Road Newville, PA 17241 $ 304.00 Cuthbert $ 302.42 3 Cumberland Refuse 142 Vaughn Road Shippensburg, PA 17257 $ 360.00 Cumberland P.O. Box 329 Valley Rentals Shippensburg, PA 17257 $ 433.45 Davis Beverage P.O. Box 715 Bethlehem, PA 18016 $1,087.85 Drake Bakeries 100 Demarest Drive Wayne, NJ 07470 $ 220.66 Duart Foods 1125 Berry Hill Street Harrisburg, PA 17104 $2,369.97 Dutchmasters 713 South 22nd Street Harrisburg, PA 17104 $ 130.11 Erie Insurance 100 Erie Insurance Place Erie, PA 16530 $ 707.00 Ehrlicks 1539 Bobali Drive Hanover, PA 17331 $ 53.00 Hanover Tobacco 22 N. Forney Avenue Hanover, PA 17331 $11,711.35 Herr Foods P.O. Box 300 Nottingham, PA 19362 $ 534.40 Hersheys Creamery P.O. Box 1821 Harrisburg, PA 17105 $ 312.55 H&S $ 397.00 Jedco P.O. Box 3070 York, PA 17402 $2,338.90 John Gross 308 Cheryl Avenue Mechanicsburg, PA 17055 $ 636.91 Kay and Rays 90 Carlisle Road Newville, PA 17241 $ 602.35 4 . Kellers Wholesale 21 E. Main Street Bloomsburg, PA 17825 $ 348.43 Kesslers P.O. Box 126 Lemoyne, PA 17043 $ 967.87 Keystone Registers 6316 Derry Street Harrisburg, PA 17111 $ 94.00 Kunzlers $ 966.00 Lenkerbrook 515 South 32 Street Harrisburg, P A $5,114.91 Lance P.O. Box 25967 Charlotte, NC 28229 $ 285.29 Lauretta Blaire 2088 Kent Road Folcrost, PA 19031 $17,640.00 Mairs 1851 Louck's Road York, PA 13404 $ 470.00 Martins P.O. Box 28 Potato Chips Thomasville, PA 17364 $ 350.00 Nabisco P.O. Box 19249 Newark, NJ 07195 $1,398.08 New Oxford P.O. Box 279 Poultry New Oxford, PA 17350 $1,301.29 PA Lottery 1854 Brookwood Street Department of Revenue Harrisburg, PA 17104 $3,910.00 Paddy's Dist. $ 134.60 Pauls $ 572.29 Pepsi Cola P.O. Box 92628 Chicago, 1L 60675 $4,594.60 5 Public Opinion 77 N Third Street USA Today P.O. Box 499 Chambersburg, PA 17201 $ 38.70 Reeses' Plumbing $ 75.10 The Ribbon P.O. Box 4179 Connection Durango, CO 81302 $ 162.15 Sandos 304 Carlisle Road Biglerville, PA 17307 $ 624.00 The Sentinel $1,757.10 Snyders P.O. Box 917 oCHanover Hanover, PA 17331 $ 203.79 Susquehanna P.O. Box 8 Bank Lease Manheim, PA 17545 $30,164.31 SuperRite P.O. Box 2261 Harrisburg, PA 17105 $23,475.54 TRM Copy Center 5515 East Milwaukie Avenue Portland, OR 97202 $ 461.03 Tallmans Potatoes Tower City, P A 17980 $ 423.50 Tastykake 2801 Hunting Park Avenue Philadelphia, PA 19129 $2,592.96 Tony's 115 West College Drive Marshall, MN 56258 $ 457.02 UTZ Foods 900 High Street Hanover, PA 17331 $1,300.00 Valley Times $ 223.26 Vortmans P.O. Box 5206 $ 85.10 Weavers $2,351.18 Welcome Wagon P.O. Box 1021 Memphis, TN 381 0 I $ 34.21 6 , party in any bankruptcy petition filed or to be filed by Husband or to file a separate bankruptcy petition under an appropriate chapter on her own if such joinder or filing is necessary to protect Husband's interest in the marital residence or other property of Husband through utilization of the appropriate provisions of the Federal Bankruptcy Act. Any and all costs associated with any bankruptcy petition filed or to be filed by Husband, by Husband and Wife or by Wife shall be born by Husband. Each agrees that any debt incurred prior to the parties marriage on June 8, 1988, or after the parties separation on March 17, 1995, shall be assumed by the individual incurring such debt and that such debt shall be fully paid by the one assuming said debt, and that he or she will hold the other party safe and harmless from any liability thereon. Except as herein provided in this paragraph 2, each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability whatsoever for which the other party, his or her legal representatives, or his or her property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter contracted by each of them. 3. The parties hereto agree that the vehicles that they have acquired will be divided as follows: A. The 1994 Toyota King Cab shall be the sole and separate property ofHusband. B. The 1988 Chevrolet Sprint shall be the sole and separate property of Husband. C. The 1990 Geo Metro shall be the sole and separate property of Wife. Both Husband and Wife agree that each one of them shall be solely responsible for payment of the remaining balance due, if any, on any loan for the purchase of their respective automobiles or motorcycles as indicated above, and that they shall hold each other safe and harmless from any liability thereon. 8 Both Husband and Wife agree that each one of them will be solely responsible for maintaining and paying for their own automobile insurance. Each agrees that he or she will upon the request of the other sign any title or other paper necessary to effectuate the transfer of title to any vehicle that has not been transferred to the other. 4. The parties hereto agree that they have divided the remaining personal property acquired during the marriage to their mutual satisfaction, and those items in the possession of each shall be his or her sole and separate property. The parties hereto agree that each has his or her personal property acquired prior to their marriage, or after their separation on March 17, 1995 in his or her possession, and that said personal property is the sole and separate property of each. 5. The parties hereto agree that the marital residence located at R. D. # 1, Box 135H, Newburg, Cumberland County, Pennsylvania, more particularly described in Cumberland County Record Book Q34, page 415, shall be the sole and separate property of Husband. In consideration of Wife's agreement to transfer to Husband all of her right, title, claim, and interest in and to the marital residence, Husband agrees to be individually liable for the indebtedness arising out of the family business known as Brandt's Family Market. Husband and Wife agree that Wife will execute the necessary documents at the execution of this agreement to effectuate the transfer of said property as provided herein. Husband shall indemnifY Wife and hold her safe and harmless from any liability resulting from the Civil Action- Complaint in Mortgage Foreclosure filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 96-4526 Civil. 6. The parties hereto acknowledge and agree that Husband and only Husband shall claim any "net operating loss" deduction or deductions that may by available for the grocery store business known as Brandt's Family Market, formerly located at 98 Broad Street, Newville, Cumberland County, Pennsylvania, on federal, state and local income tax returns filed in 1995, and to be filed in subsequent years by the said William A. Brandt. 9 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1743 CIVIL TERM 19'15 WILLIAM A. BRANDT, Plaintiff PATRICIA A. BRANDT, Defendant, IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 6. 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapaed from the date of filing the Complaint. 3. I conaent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I verfiy 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. 54904 relating to unsworn falsification to authorities. Dated: /(/7/9& I I tviC/L.; C. 72-.--===- William A. Brandt MAUl<, WeiGLE AND peRKINS - ATTORNEYS AT lAW - 126 CAST KING STREET - SHIPPEN50URO, PA 172S7.13V7 ~ ..:J' ?;:: ~ ". ~ 00 ~') ~8 ,.):<1; ."~ fEt- < .-i;:::.. -f" l;;::j . >- . . ~r. ..:1' ,off) '" ';2 W..l! --~ '1~_ -.1t, . ::.. '.i1U CC~: c- './)0: i.- :A.:; p- H' "::':J (,) 0' U >- ..:r ~ [r: C,, ~ ., ~ ~t; ~r.: co ) .~, f ..- ." . f:t i' .,.;'; ~::5 ~t , '- -' " -';? .'-. Lit' ..... :)(U .' rc ~i ::.lu", 1I. ~O ~j 0 Cf\ J C -'l. >.. U.l~.:,' u..,. EE>-= c5~ 0' w~ -'1' ' a: ,0 ~ 1I. o ..,.... '. '0 0" WILLIAM A. BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1743 CIVIL 1995 PATRICIA A. BRANDT, Defendant, IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 6, 1995. 2. The marriage of Plaintiff and Defendant is irretrie~ably broken, and ninety days have elapsed from the date of filing 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 verfiy 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. 14904 relating to unsworn falsification to authorities. Dated: 8-,10 - 90 (jJaRtc'ld.-CZ &1(1/)& Patricia A. Brandt MARK, WEIGLE AND PERKINS - ATTORNEVS AT LAW - 126 [^~f KING STfU:E:T - SttlPPEN511URO. PA '7~57-t:1'J7 ~ U') C:: '" 'z ~ .. -") ...,.. - B~ ~6 - . -/ ::C .' ...., ..e_. tErs ....~ c..?J -'- gC Cl ;:_~fJ; r::: C'? .~ c. (1..::...-" o:~ri ~ \;Jt.W - 'flO- r- ..:0: ~ ll. o.D :::> 0 C" (,) ~ \D E N 1-'= .. & ~~ - -) ... - (3 " , ~. It Sf r::c: ~~ ~:. ~~ . "'" . -:; !,1::, c t:'J :- ~[;; [~: ~ ~l.L c-: )-.. u:u; (!: 1'~~:2 :.!...: - '.rJuJ ~ < ~:~ a.. 11.. \/.) 5 0 (Jl u .' , . . WILLIAM ALLEN BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1743 CIVIL TERM PATRICIA ANN BRANDT, Defendant IN DIVORCE ACCEPTANCE OP SERVICE I, patricia Ann Brandt, do hereby depose and say that on April 7, 1995, I received and accepted service of a true and attested copy of the Complaint in Divorce and the Notice to Defend and Claim Rights in the above-captioned matter. I verify that the foregoing statement is 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: 10- I(r 77 Wt;'liYtl- (ZIZlL f1rlt/t:lt- patricia Ann Brandt 10. Except as otherwise provided for herein, each party hereby releases and discharges completely and forever the other from any and all rights of alimony, alimony pendenlel/le, counsel fees, division of property including pension or retirement benefits,life insurance, annuities, right of dower and curtsy, right to act as administrator or executor on the estate of the other, right of distributive share in the estate of the other, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or the common law of the United States of America. It is the understanding between the parties that this Agreement, except as otherwise provided herein, forever and completely adjusts, settles and disposes of, and completely terminates, any and all rights, claims, privileges and benefits that each now has, or each may have reason to believe each has, against the other, arising out of said marriage relationship or otherwise, and whether the same are conferred by the laws of the Commonwealth of Pennsylvania, of any other state, or of the United States of America, and which are now or which may hereafter be in force and effect. 11. Each party shall, at the request of the other party, promptly execute any and all documents which may require their signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. 12. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all of the terms, conditions and clauses of this Agreement. 13. All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 14. This Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania with the request that this Agreement be incorporated into any decree in divorce issued by the said Court, it being understood that the Agreement shall survive the decree in divorce and not be merged into it. 11 -- ....~ 1.n l" lftIM ,. " I. ~, I \If U f""~ ..... r.......... ~ ....... .... >- 1.1) i':= u; C": 'L 7' ,.-. 6; :..:;; n lJJ-.-. ' ,...; <..,..,. C') .. r.'.t :- :'..i: L)~' 1;- ~'! ." (;: ~- ~ '}"<i C.I. c_ ,-Ii' I..!' .. .:." " . :... : 1 ~~j , C~ 1--- :.:..1.; ~t. "'," (- .J ( l "" U .....,.. ~. .. .....r~.. 'l'''~ _ 1lIIU.. .-..... ~ ," .... rJJ ?i r!: c'-:, j.:: 6; .':-l IUQ i'-:);:~ CI"'~ .- ~-.)::; " c. ;-i ... .T::.J_ .");:j 0'-- ~~ r!5 c:/" (",:t .' ~l ;~ LtJ...~. ':':': :--:: :.-d,. ! :on -JII,U U-:L: f~ :5~ '-L ,,- u. ,... ::;) () ".... CJ WILLIAM A. BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. q5- 17'-13 CIVIL 1995 PATRICIA A. BRANDT, Defendant 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 tl\ke prompt action. You are warned thai 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. Ajudgment may also be entered against you for any 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 grounds 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 Cumberland County Court House, First Floor, Carlisle, P A 17013. 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. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: 240-6200 MARK. WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KINO STREET - SHIPPEN50URO, PA. 17257 WILLIAM A. BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL 1995 PATRICIA A. BRANDT, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT 1 - IRRETRIEVABLE BREAKDOWN AND NOW comes the above named Plaintiff, William A. Brandt, by and through his attorney, Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, Patricia A. Brandt, upon the grounds hereinafter more fully set forth: 1. Plaintiff, William A. Brandt, is an adult individual residing at R. D. #1, Box 135H, Newburg, Cumberland County, Pennsylvania 17241, since 1983. 2. Defendant, Patricia A. Brandt, is an adult individual residing at Route #1, Box 283, New Bloomfield, Perry County, Pennsylvania 17068, since March 17, 1995. 3. The Plaintiff and the Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania, for at least six (6) months immediately previous to the filing of this Complaint in Divorce. 5. The Plaintiff and Defendant were married on June 8, 1988, in Hagerstown, Washington County, Maryland. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 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. MARK, WEIGLE AND PERKINS - ATTORNEYS AT lAW - 126 EAST KINO STREET _ SHIPPEN58URG. PA. 17257 8. The marriage is irretrievably broken. 9. The parties have lived separate and apart since March 17, 1995. 10. The Plaintiff requests the court to enter a decree of divorce. COUNT 2 - INDIGNITIES GROUNDS FOR DIVORCE II. Paragraphs I through 10 of the Complaint are incorporated herein by reference as though set forth in full. 12. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiff's condition intolerable and Plaintiff's life burdensome. COUNT 3 - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from June 8, 1988, until March 17, 1995, the date of their separation, all of which property is "marital property". 15. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which increase in value is marital property. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of the Complaint. 17. Plaintiff requests the Court to equitably divide all marital property. MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSDURO, PA. 17257 f T -IJ S { c 0 \J (.! '1l.. d . -a. .... 1.. ~~ DI"II ~- 0 - :::r::: '( '~: Ii, t] () t.-, ..cz: ..t. ~ I.() 00 .. ... (~ (.) \r) "" :~. 0,;- I<l "'" '21 ~') ~ c cr- C- O CO hi If) 00 - r- :t l- .... <..::> " 'R . :J." ~ +l 'fl "" ::r ,j .... ~.- <..... ~ - c <:J l:;;S <II Z "'~ a ~! i iJ::i ... '" <oJ I ..:1:>< ... r:: u ~~~~a! I'<CIl ..... <U '" z~ ... "Cl 0 r:: r:: :> o <oJ ..... .. .... ~~"!gl:l !Ii'" <U ... l"l ..... - .. I o -lI'l -I'< Hl"l Z ~e!~wE u~g: H ~ .... J I'< .... ~ ~ t:lllla zC 0 !:l~ rl\i~ f 0..:1 '" .... ~iE<oJ '" ;j ~<:!I~~'" . . . ...: ~ - - I!l I o uu ...: > ;s = = u '" 0 ~ u i CIl <oJ :> u ~<oJ ::: .... :3 '" z~oz ~ .... HUZH :x I'< . ." j. i . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM ALLEN BRANDT, ; CIVIL ACTION - DIVORCE Plaintiff v. : No. 95-1743 PATRICIA ANN BRANDT, Defendant 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 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 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, Cumberland County Courthouse, First Floor, Carlisle, Pennsylvania 17013. 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 OFTHEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 ( COUNT 2 - INDIGNITIES GROUNDS FOR DIVORCE 11. Pursuant to the Pennsylvania Rules of Civil Procedure, no answer is deemed necessary, however, if an answer is deemed necessary, the same answers apply for the reasons set forth in paragraphs 1 through 10 above, which are hereby and herein incorporated by reference as though the same were set forth herein at length. 12. Denied. On the contrary, Plaintiff has offered such indignities to the person of the Defendant, the iMocent and injured spouse, as to render her condition intolerable and her life burdensome. WHEREFORE, Defendant demands Plaintiff's complaint be dismissed. COUNT 3 - EQUITABLE DISTRffiUTION 13. Pursuant to the Pennsylvania Rules of Civil Procedure, no answer is deemed necessary, however, if an answer is deemed necessary, the same answers apply for the reasons set forth in paragraphs 1 through 12 above, which are hereby and herein incorporated by reference as though the same were set forth herein at length. 14. Admitted. IS. Admitted. 16. Admitted. 17. Admitted. WHEREFORE, Defendant joins in the request for equitable distribution of the marital property. 2 COUNTERCLAIM COUNT I COMPLAINT UNDER gg 3301(c) OR (d) OF THE DIVORCE CODE Defendant above named, Plaintiff on the Counterclaim, by her attorney, Scott M. Staller, Esquire, files the following Counterclaim and respectfully represents: 18. Plaintiff is Patricia AM Brandt who currently resides at R. D. # 1, Box 283, New Bloomfield, Perry County, Pennsylvania 17068. 19. Defendant is William Allen Brandt with a current residential address ofR D. # 1, Box 135H, Newburg, Cumberland County, Pennsylvania 17241. 20. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 21. The Plaintiff and Defendant were married on June 8, 1988 at Hagerstown, Washington County, Pennsylvania. 22. There have been no prior actions of divorce or for aMulment between the parties. 23. The marriage is irretrievably broken. 24. 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. 25. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II COMPLAINT IN DIVORCE UNDER g 3301(a)(3) OF THE DIVORCE CODE 26. Paragraphs 18 through 25 above are incorporated herein by reference thereto. 27. The Defendant has over a period of time from June 8,1988 to March 17, 1995, by 3 cruel and barbarous treatment, endangered the life of Plaintiff, the injured and innocent spouse. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT III COMPLAINT IN DIVORCE UNDER A 3301(a)(6) OF THE DIVORCE CODE 28. Paragraphs 18 through 27 above are incorporated herein by reference thereto. 29. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT IV EQUITABLE DlSTRffiUTlON OF MARITAL PROPERTY 30. Paragraphs 18 through 29 above are incorporated herein and made a part hereof by reference thereto. 31. The parties hereto have acquired real and personal property during the marriage from June 8,1988 to March 17, 1995, the date of their separation. 32. Prior to the marriage or subsequent thereto, the parties have acquired "non-marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which increase in value is marital property. 33. The parties are unable to agree on the division of the aforesaid marital property. 34. Plaintiff requests that the court equitably divide all marital property. WHEREFORE, Plaintiff requests the Court equitably divide all marital property. ., COUNT V ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES 35. Paragraphs 18 through 34 above are incorporated herein and made a part hereof by reference thereto. 36. Plaintiff is presently employed by Karns Quality Foods, Ltd, Silver Springs Road and Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, as a deli clerk, and earns $5.50 per hour on a full-time basis. Plaintiff is also a co-owner of Brandt's Market in Newville, Cumberland County, Pennsylvania, but has not earned any income from the store since March 17, 1995, the date of separation. 37. Plaintiff does not have sufficient income to prosecute the within action, and to pay for her ordinary living expenses. 38. Plaintift's income is insufficient to pay reasonable counsel fees and expenses to maintain this action. 39. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. 40. Defendant is self-employed and is a co-owner of Brandt's Market in Newville, Cumberland County, Pennsylvania along with Plaintiff, and earns $500 net per week, so that he has sufficient monies to pay his living expenses. 41. Plaintiff requests that the court award an amount to Plaintiff for reasonable attorney fees and expenses. 42. Plaintiff requests that the court award an amount as alimony pendenJe lite, and fOllowing the divorce, an amount as alimony so that Plaintiff is able to maintain a reasonable standard of living. 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM ALLEN BRANDT, : CIVIL ACTION. DIVORCE Plaintiff v. No. 95-1743 PATRICIA ANN BRANDT, Defendant CERTIFICATE OF SERVICE I hereby certifY that I am thi, day serving a copy of Defendant's Answer to Plaintifl's Complaint and Counterclaim on the person at the address indicated below by ordinary mail by depositing the same at the U. S. Post Office, New Bloomfield, PA 17068, which service satisfies the requirements of P.R.C.P. 440: Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 Attorney for William A. Brandt Dated: April 12, 1995 sJ!I!n~r,e P.O.Box264 New Bloomfield, P A 17068 Telephone: (717) 582-7574 Attorney for Patricia A. Brandt ..... ~ >- I'~ ...... ~ .'-'.- ...-:-i!l Ij'.':.i": co 't,'(;)-J'" 11"1 ,~ ;'J f: ~~: S? .~;~:-:..!::; .-; ,:;~~ f'"r) 0'''_' _ ,l.~.;c . ,'~J Q,; ~ ~'," n... "- ~ ~~ n ..... ... Ul ..... .... fil f:: ... s:: ~ ..... .... ~ III ~~w ~ 2! ~ ~ p..u . .~ I . il5 ~~ i ~ ~ .. ~~o o I . ~~~~ > ~~ ~ 25 ~ ~ ~~II i ~..... ~ F::'F::' ~ !:: Ul ~8d .. .. ~e~ ~ I ~ I ~~~ ~~ ~~ is tl:Sl ~ Ff of transportation. 8. On or about March 18, 1995, Respondent informed Petitioner that she could have the 1990 Geo Metro and he would sign the title to the vehicle over to her. 9. After separation, Petitioner was able to find employment at Karns Quality Foods, Ltd., Silver Springs Road and Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Prior to separation, Petitioner was helping to run the family business known as Brandt's Market in Newville, Pennsylvania. 10. Petitioner was using the 1990 Geo Metro as transportation to go to and from her place of employment. 11. On or about April 4, 1995, Respondent or someone authorized by the Respondent took the 1990 Geo Metro from Petitioner's place of employment, leaving Petitioner without adequate transportation to get home that evening. 12. Petitioner was later informed by Respondent that he had the 1990 Geo Metro and was going to sell the vehicle so that Respondent could dissipate the assets received from the sale and prevent Petitioner from using the vehicle and obtaining any assets from the sale of the vehicle. 13. As a result of the Respondent taking the 1990 Geo Metro, Petitioner must be driven to work by her parents from RD. # I, New Bloomfield to Silver Springs Road and Carlisle Pike, Mechanicsburg every morning and vice versa every evening. 14. Without the use of the 1990 Geo Metro, Petitioner is left without any adequate means of transportation. 15. Petitioner requests this Honorable Court to order the Respondent to turn over the 1990 Geo Metro to Petitioner so that she has adequate transportation, including but not limited to :1 -" traveling to and from her place of employment. WHEREFORE, Petitioner requests this Honorable Court to order the Respondent to turn over the 1990 Geo Metro to Petitioner so that she has adequate transportation, including but not limited to traveling to and from her place of employment. COUNT II 16. Paragraphs 1 through 15 above are hereby and herein incorporated by reference as though the same were set forth herein at length. 17. Petitioner has received information that the Respondent plans to sell and may already be in the process of selling marital property, including but not limited to the above mentioned 1990 Geo Metro. 18. Petitioner understands that Respondent plans to sell or is in the process of selling various items of marital personal property. 19. Petitioner believes that Respondent intends to deprive Petitioner of her interest in said property to defeat any claim she may have for equitable distribution thereto. 20. Since the parties separated on March 17, 1995, Respondent has had exclusive possession of the marital residence located in Upper Mifflin Township, Cumberland County, Pennsylvania with an address ofR. D. # 1, Box 135H, Newburg, Cumberland County, Pennsylvania. 21. Petitioner requests that Respondent be enjoined from the sale of marital personal property, and dissipation of marital property 22. Petitioner requests that Respondent account to her for the proceeds of sale of all marital personal property that he may have sold. 3 WHEREFORE, Petitioner requests that a hearing be held on the within Application, and following said hearing enjoin Respondent from disposing of marital assets, and account for any marital assets of which he has disposed. COUNT m 23. Paragraphs 1 through 22 above are incorporated herein and made a part hereof by reference thereto. 24. Plaintiff is presently employed by Karns Quality Foods, Ltd, Silver Springs Road and Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, as a deli clerk, and earns $5.50 per hour on a full-time basis. Plaintiff is also a co-owner of Brandt's Market in Newville, Cumberland County, PeMsylvania, but has not earned any income from the store since March 17, 1995, the date of separation. 25. Plaintiff does not have sufficient income to prosecute the within action, and to pay for her ordinary living expenses. 26. Plaintift's income is insufficient to pay reasonable counsel fees and expenses to maintain this action. 27. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. 28. Defendant is self-employed and is a co-owner of Brandt's Market in Newville, Cumberland County, Pennsylvania along with Plaintiff, and earns $500 net per week, so that he has sufficient monies to pay his living expenses. 29. Plaintiff requests that the l'l)urt ;;wlira an amount to Plaintiff for reasonable attorney fees and expenses. .f 30. Plaintiff requests that the court award an amount as alimony pendente lite, and following the divorce, an amount as alimony so that Plaintiff is able to maintain a reasonable standard of living. WHEREFORE, Plaintiff requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until fmal hearing and thereupon award Alimony and such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, /b~ Ad-. Scott M. Staller, Esquire P. O. Box 264 New Bloomfield, PA 17068 Telephone: (717) 582-7574 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made in this Application for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S 6 4904 relating to unsworn falsification to authorities. !-J-I/-1\r?aiuc~L7J.~ Patricia Ann Brandt <@~', .. <' ' ~:r. ",'" .J ~ J~ ,~ "'" ,~ ~~ L! . ~ ~ ;S" . '~ it f .....,. Ul'S> - :7;'- :c- ;:'~:.; _:"11:' lh..,.... .'" :::: ::'~ ~'.~ ~~ . ;:r::1 ,. . ' .. ~., . ..( "" .... ""'" , ~, ~. i:~ '" t<...; ~I. .... .... ~ ~ ..... 1:l Iil ..... III ~ p:: ~ ~ .... ~p. &J IP. :;i! - ~ -21 H el ~ ~ ~~ t<.~ Q I ~ ;!~~~ Ie o I 1ii~~'ti ~~ ~I ~ g ~ . ~ > ~ .t' 'il ~edEl F::'F::' is ...... ~ ..; J, ;:S ~~~8 t:.t:. ~ < iil ~~ ~ ~ ~ () H ~ ~ H ()~ .. . . . . , . IN THE COURT OF COMMON PLEAS OF THE 41 ST JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH PATRICIA ANN BRANDT, Plaintiff CIVIL ACTION - CUSTODY v. No. 1743 OF 1995 Civil WILLIAM ALLEN BRANDT, Defendant RULE I~ 1996, upon consideration of the within ef, a RULE is granted on Respondent, William Allen Brandt, to show cause why the Application for Special Relief should not be granted. Rule returnable -- .L I n_:. TL'" . IJ7uiu u "'IU'-i~ IU- -Cnllrtrnn", 1l..' "I. ..1._ e _...l BM.~d. ~ ~r I__.t r"..... t r _.ll'UU~~,""i1II1SIt;, rellll:)Y'Vgll~. "-....... ~VC e,4 · f""'P\. BYTHECOURT: J. (') \0 (") ~~. ,..... " .....')r~j :;;: :-:l t~l;-'! ~.Z) ; "PJ ~,"":! r- (1"-; ~'" '.'1 ~)~ .. . ::~t re', ~S~ :::2 ',' 'I ~.l..J :', :tI ;;...0 ...... ! N om .., t- ~ .. =;:J ::1 =- -<. t~ :n ...; 7. In February, 1996, the 1990 Geo Metro was due for inspection, but Petitioner was unable to pay for the inspection. 8. Subsequently, the registration and insurance for the 1990 Geo Metro has become due " and payable, and Petitioner is also unable to pay for the registration and insurance. 9. The 1990 Geo Metro is titled to Respondent. and, for this reason. Petitioner is unable to open an insurance policy for herself on the 1990 Geo Metro. 10. Petitioner has no transportation available to her except for the 1990 Gee Metro, which cannot be operated due to the lapse of the inspection sticker, registration and insurance. 11. Petitioner cannot obtain gainful employment without transportation. 12. Petitioner is unable to afford to pay for the inspection, registration and insurance for the 1990 Gee Metro. 13. Respondent still maintains keys to the 1990 Gee Metro, '1nd Petitioner is fearful Respondent will remove the vehicle from her possession. WHEREFORE, Petitioner respectfully requests this Honorable Court to order Respondent to pay for the inspection, registration and insurance for the 1990 Geo Metro and for Respondent to return all keys to the 1990 Geo Metro in his possession and/or those keys available to him. Respectfully submitted by, ;JfU, Scott M. Staller, Esquire P. O. Box 264 New Bloomfield, PA 17068 Telephone: (717) 582-7574 Attorney for Petitioner " ,'. ~~ ~ <', t: c; ." r C:l ..~ ~ ~. c;,i c:. :r. ;~I o.:i f!"" ".. -j E '" ~ Iill' ~') if -~ OL'( ~ t5 Ul en { ILl ...:I p. :i! Z .... ~ ~ o . >< tJ ~>< ... .... l:l ILl lt~ .... ~i 0 p. 8~ ~~ fooon Ul ~ ~ .. UlC7l ~~8: ~ 0 B~ r>::lI. lI.tJ o ILl 1ii:C~'ti ~~ 0 Ill'" lI..... foo!:Lc 1Il~ ;58 I~ ...:I .t' 'il p. .r< ZILI == e .E1 1"1" ~..:.... ~ z> or>:: .. .. osJ~ ~ o .r< .... ~~~8 !:::.!::. ....tJ ~ ~~ tJlLI> . til"> < iil ILI~~ ..: l> tJ .... ~ ..:... .... ! :>: Ul tJ ,.. ...:I footJO!: .... .... ...:I.. p. z: 5 ...:I ... P. ZlI.lLI ,..:l > . ..: ....op. ~ ....0 P. tJz . WILLIAM ALLEN BRANDT, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 95 - 1743 Civil Term PATRICIA ANN BRANDT, Defendant/Petitioner IN DIVORCE ANSWER TO APPLICATION FOR SPECIAL RELIEF AND NOW comes the Respondent, William Allen Brandt, by his attorneys, Mark, Weigle and Perkins, who files this Answer to the Application for Special Relief, pursuant to the Rule entered on August 15, 1996. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, said Petition for Special Relief was withdrawn by the Petitioner herein. 5. Admitted in part and denied in part. It is admitted that an agreement was reached wherein possession of the 1990 Geo Metro would be given to the Petitioner pending the outcome of the divorce proceeding in exchange for the full sum of $1 ,233.13. It is specifically denied that there was any agreement to convey legal title to the vehicle in question in April, 1995, or to pay for insurance, registration fees or inspection of said vehicle. By way of further answer, Petitioner has been in possession of the 1990 Geo Metro since April. 1995. Also by way of further answer, Respondent intends to file for the appointment of the Cumberland County Divorce Master if the divorce and marital property aspects of this case are not resolved within the next ten (10) days. MARK, WEIOLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSDURG. PA 17257.1397 6. Admitted in part and denied in part. It is admitted that Petitioner was employed at Karns Quality Foods, Ltd. and J. C. Penney's subsequent to the parties' separation in March, 1995. Respondent is without sufficient information to form a belief as to the current employment status of the Petitioner and strict proof thereof is demanded at trial. It is believed and therefore averred that Petitioner currently works on at least a part-time basis for her brother who is in the landscaping business. 7. Denied. Petitioner was gainfully employed in February, 1996, and therefore did in fact hdve the financial resuurces to pay for the inspection. By way of further answer, the petitioner owned and operated a Subaru Sport Coupe in February, 1996. 8. Denied. The Respondent is without sufficient information to form a belief as to the truth of the averments in paragraph 8 of the petition for special relief and strict proof of the same is demanded at trial. 9. Admitted in part and denied in part. It is admitted that the 1990 Geo Metro is titled in Respondent. It is specifically denied that insurance cannot be obtained so that Petitioner can drive the vehicle. By way of further answer, Respondent offered to insure the vehicle under his own insurance policy upon petitioner reimbursing him for the insurance premium due which offer was refused by the Petitioner. 10. Denied. Petitioner does in fact have transportation available to her and strict proof to the contrary is demanded at trial. 11. Denied. Respondent is without sufficient information to form a belief as to the truthfulness of the averments of paragraph II of the petition for special relief and, therefore, denies the same. By way of further answer, Petitioner does have adequate transportation available to her MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257.13Iin and is presently employed on at least a part-time basis, and strict proof to the contrary is demanded at trial. 12. Denied. Petitioner has minimal expenses and should be able to afford the inspection, registration fees and insurance for a 1990 Metro Geo vehicle in good condition. By way of further answer, Respondent has primary residential custody of the couples' two minor children, ages 7 and 5, receives no support from the Petitioner for said minor children, and has been left with combined personal and business indebtedness in excess of $200,000.00 13. Admitted in part and denied in part. It is admitted that Respondent has one key to the 1990 Geo Metro vehicle. It is denied that Respondent has attempted or intends to retake possession of the vehicle in question pending the outcome of the divorce litigation. By way of further answer it is believed and therefore averred that the vehicle is presently kept in a locked garage at the home of Petitioner's parents and is therefore unavailable to the Respondent. WHEREFORE, Respondent respectfully requests the Honorable Court to dismiss Petitioner's Petition for Special Relief under the facts presented. J A. igle, Esquire MARK, WE LE AND PERKIN 126 East King Street Shippensburg, PA 17257 Telephone: (717) 532-7388 Attorney for Respondent MARK. WEIGLE AND PERKINS - ATTORNEVS AT LAW - 126 EAST KING STREET _ SHIPPENSBURO, PA. 17257 ''',:'! ..- ~ ...., . .. ;.:~ c:. . ~~-, .:i j~ If' :c 14'1 "...~ ~:, C- "> .:;J )(. c:J >i;j - JL;, ('oJ r/"1 ,~ 14-- (~ ','2 j~ : -' ',,.lIE - ;..' ~ tI_ \1> _0 0 ::5 eA U ... ... H ~ j 1 .. .... llII .. 2 !2 III :z:BS '" - .... .... ~~ ~~e~~ .:::1 .. I"'~ .i i .~ ~~ I ~~ ~~ ~a ~.:s~~a~ "" u IQ~ I- 15- 0 IQ~ -<<\:l..!::!;l 8~ ~ ~~ III ia. ~ . t: ~r~ . a ..l",:o:\:l.:l~ I =- iHl C;7. l:IC - J !;3oi~;lZt: ~Ill Q ill Q .. ~ =' ~I: 15=>< f ~~~~ ~ . <;!l .. ~.:; ::! :0: -.. ~ i~ Ill: il- I -< <Il "" :!: ... .. . WILLIAM ALLEN BRANDT, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA ANN BRANDT, Defendant/Petitioner IN DIVORCE v. No. 95 - 1743 Civil Term ANSWER TO APPLICATION FOR SPECIAL RELIEF AND NOW comes the Respondent, William Allen Brandt, by his attorneys, Mark, Weigle and Perkins, who files this Answer to the Application for Special Relief, pursuant to the Rule entered on August 15, 1996. 2. Admitted. p <0 0 ;,-;. O'l .1 ""r1,-~ :~ [!II"'> , :;J "" - ~.) .- -;.-- . ,'}r'J W .~J 1"" -, -n ;::;l',~ .:.0 _J~l~J ..- ~""6 ;!::_-. ~, ,.J~ ~f. :;; .. :i r , ,], . ~-', - \~j nl :~, ~ ~ 4. Admitted. By way of further answer, said Petition for Special Reli'ef w~ w{;~dra~ b.y I. Admitted. 3. Admitted. the Petitioner herein. 5. Admitted in part and denied in part. It is admitted that an agreement was reached wherein possession of the 1990 Geo Metro would be given to the Petitioner pending the outcome of the divorce proceeding in exchange for the full sum of $1,233.13. It is specifically denied that there was any agreement to convey legal title to the vehicle in question in April, 1995, or to pay for insurance, registration fees or inspection of said vehicle. By way of further answer, Petitioner has been in possession of the 1990 Geo Metro since April. 1995. Also by way of further answer, Respondent intends to file for the appointment of the Cumberland County Divorce Master if the divorce and marital property aspects of this case are not resolved within the next ten (10) days. l.'[j ,-A',r I<iING '-,rflEtT _ <;~llf'I1ENsnURr.. l)^ 11;'1<;-; '.1'11 6. Admitted in part and denied in part. It is admitted that Petitioner was employed at Karns Quality Foods, Ltd. and 1. C. Penney's subsequent to the parties' separation in March, 1995. Respondent is without sufficient information to form a belief as to the current employment status of the Petitioner and strict proof thereof is demanded at trial. It is believed and therefore averred that Petitioner currently works on at least a part-time basis for her brother who is in the landscaping business. 7. Denied. Petitioner was gainfully employed in February, 1996, and therefore did in fact have the financial resources to pay for the inspection. By way of further answer, the petitioner owned and operated a Subaru Sport Coupe in February, 1996. 8. Denied. The Respondent is without sufficient information to form a belief as to the truth of the averments in paragraph 8 of the petition for special relief and strict proof of the same is demanded at trial. 9. Admitted in part and denied in part. It is admitted that the 1990 Goo Metro is titled in Respondcnl. It is specifically denied that insurance cannot be obtained so that Petitioner can drive the vehicle. By way of further answer, Respondent offered to insure the vehicle under his own insurance policy upon petitioner reimbursing him for the insurance premium due which offer was refused by the Petitioner. 10. Denied. Petitioner does in fact have transportation available to her and strict proof to the contrary is demanded at trial. II. Denied. Respondent is without sufficient information to form a belief as to the tnllhfulness of the averments of paragraph II of the petition for special relief and, therefore, denies the same. By way of further answer. Petitioner does have adequate transportation available to her ..~."l'" ,',f It,;f- .'\oll) r>rUloo;l'j'i .\ffDfHH:VS AT tAW - '26 EAST MING <;TRECT - 5HIPprN"nu~n. JIA 17;!c,7 IJ'l1