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HomeMy WebLinkAbout96-01684 i l '-" I I l I , ! I , ~ i i J "", " J I I , j i , ':r- " ",' , 0- " -.) - **----***-*~~-~-~--_.~'- *1 "'''~- --'.-... -; ,.-.. -- -- - -- -- -~.._-,- - ,.- -..., .'. , . ' , , . ' , . 8 8 *1 81 8 8 8' 8 8 * * * ~I ~ 8 8 8 *1 ~ S 8 8 8 8 8 8 8 8 8 8 ~ ~ 8 8 . . '- --',- --,' ,:w. ... ... 8 ':0.:' ':<<, ':te. ,~:' ':.:. .. ... ., ',' . .'., .' ... , " ,._" . . 8 . ~ 8 8 8 8 . . 8 . 8 . . f, . . , . . i . . . . . . . . . . . '. ,f . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~. PENNA. PAUL CRAIG, Plaintiff N I). 96~16,~4., V"I',"Il., SABRINA S. CRAIG, Defendant DECREE IN . DIVOR~E;:t ~:~rpl1. AND NOW, ~. ,...~. . . '. 1.1. It ,. o,d.,.d ond decrtied that ",'.", PAUL ,CRAIG, ' . , , , , , ' , , . , , , , " , . , , , , , , " plaintiff, and, , , , , , , , , , , , , . , ,SIiBRI.t-JA. S'" .CRAJ,G, , , ' , , , , , , , , , , , , , , , defendant, ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this oction for which 0 final order has not vet been entered; The Marriage Settlement Agreement dated November 4, 1996, .,.,...,........",. .,.. .,.,....,..,.,..."..... ,........ '. ,i!!, ~.n,c;q~P9r,,! ~e~ ,h~reif), an,d ,~h", ,Cour,t ,D~~, j\lr i,S,cj~9~,i,ql), p,v,EJr; , , , , , no other claims. .-' ,/~,: ~~'J'~~~ J: (" H"~: "'<:; c. ~-;.:rf. /' 4 Mc:j,.~ .). ~ -J 7' ~',e~;.... -- ~t~ L";"~ " / ' '7",o/Prolhorlollry '- ~ "'.::e, 'ltC' ,*' ':.:' ':c' ':.:' ':.:' ':.:' .;e, ':c' ':.:' ':.:' ':C' ':.:' 'ltC' ,:c:.....,...lJ . 'f. :n. ~") a,I ~l ~;..tJ, ;i .a,~ V:J,J ,ti) '7/(;4'~ /I~" dfII. I ......""_ ~,......, " " " , , , " . I '. . " #,), '1(, - /6K'f a.~ r~ MARRIAGI SITTLIMINT L/iJ AGRIIMINT " day of 10'''1-'-e~.../~, THI8 AGRIIHINT, made this , 1996, by and between PAUL B. CRAIG, hereinafter referred to as HUSBAND and SABRINA S. CRAIG, hereinafter referred to as WIFE. . I T N I 8 SIT HI WHIRIAB, HUSBAND and WIFE were lawfully married on July 6, 1991 at st. Thomas, Pennsylvania; and WHIRI"S, two (2) children were born as a result of this marriage, namely ZACKERY T. CRAIG, born 10/26/91, and SHEA LEANN CRAIG, born 6/27/94;and WHIRIAS, certain differences have arisen between the parties as a result of which they have decided to separate and to live separate and apart from one another, and it is the intention of the HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settlinq fully and finally their respective financial and property riqht. and obl igations as between each other, including without limitation, (1) the settlement of all matters between them relatil'llJ to the ownership of real and personal property; and (2) the settlement of all matters between them relating to past, pre.ent and future support and/or alimony; and WHIRBAS, during the parties' marriage there has been '. complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of'~. Commonwealth of Pennsylvania; and . WHIRIAS, HUSBAND, having been properly advised by his counsel, R. Mark Thomas, Esquire, and WIFE, having been previously properly advi.ed by her previous counsel, D.L. Reichard, II, Esquire, but who currently is not represented by counsel, however, having been advised by R. Mark Thomas, Esquire that she has the absolute right to have counsel represent her and/or the absolute right to have this Agreement reviewed by an attorney for purposes of advising her prior to affixing her signature to this Agreement, and following full and complete disclosure with regard to marital assets and the respective value of those assets, the parties hereto have come to this agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties, intending to be legally bound, agree 8S follow.: 1. AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS A Complaint in Divorce was filed on March 29, 1996 to Term and No. 96-1684, civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(a) of the Divorce Code of 1980. The Divorce Complaint fUed by HUSBAND on WIFE was served on WIFE by certified mail, return- receipt requested on April 1, 1996. 90 days have passed .ince the filing of the Complaint in Divorce and both parties hereby agree to execute an Affidavit of Consent and a Waiver of their right to receive Notice of Intention to Seek Entry of a Divorce Decree. The 2 . ~ partie. agree that unless otherwise specifically provided herein, this Agreement .hall continue in full force and effect after such time the final Deere. in Divorce is entered with respect to the parti.., and the parties agree that this Agreement shall be incorporated into the final Decree in Divorce. No Court may change the terms of this Agreement, which shall be enforced in accordance with its terms. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interf~rence or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulne~s of the causes which led to or resulted in, the continuation of thei.r living apart. 3. DEBTS Each of the parties is responsible for any debts that th.y have personally acquired since October 1, 1995, the date of separation. In the event that either party is compelled to .ake payments on the debts acquired by the other party since October 1, 1995, the party who actually acquired the debt will hold haral... 3 ,I , :1 ',I 16. Arthur Rusic, Esq, $ 3,158.00 Account No. 1-314500 17. CCS Collection Service $ 1,094.66 Account Nt). 788479-4 18. Penn Credit $ 22.45 Account No. 726801-4 19. Penn Credit $ 1,382.70 Account No. C896883 20. ABC Collections $ 39.73 Account No. 16574481469 21. Dean Burkholder, M.D. $ 114.00 Account No. 1000-838 22. Chambersburg Imaging $ 34.00 Account No. C46117601 23. Chambersburg Surgical Assoc. $ 92.00 Account No. 9976 24. Eastern Credit Corp. $ 50.15 Account No. 09109309.01 25. Eastern Credit Corp. $ 25.90 Account No. 00612471S-S-NPT07 26. Jim and Rae Craig $ 3,566.64 27. Jim and Rae Craig $ 2,431. 68 2S. three payroll deduction loans $ The parties hereto both acknowledge that neither i. in . , I 'I , d , ! I . , position financially to assume the payment of these debt.. loth parties hereby agree that they 'Nill join in the filinc1 of . joint ": ' Chapter 7 Bankruptcy Petition which is to be filed within tbinr (30) days from the date of execution of this Agreem.nt, ~'(iii' 'l::il.. parties will fully cooperate in obtaining the discharq. in _':':,\ Bankruptcy Court so that the marital debts mentioned h.r.in,....' ::':" I..".. l~ 5 " any other marital debts which are subsequently discovered and added to the petition can be discharged in bankruptcy. 4. PERSONAL PROPERTY HUSBAND and WIFE hereby agree to the following with regard to the distribution of personal marital property: <a> WIFE will receive the fOllowing items pursuant to this Agreement: UPSTAIRS BATHROOM Brass shelf One-half of towels and washcloths aHEA'S BEDROOM Box spring, mattress and frame Brass stand White rocking horse MASTER BEDROOM Canopy bed Porcelain dolls Curtains Green bed set and sheets Blue comforter Rose arrangement on wall Lace umbrella Rose touch-lamp Rose picture Shepard picture STAIRCASE Three pictures with peach matting One-half of kid's pictures DOWNSTAIRS BATHROOM WindClw frame Craft coffee can Amish pictures " 6 . Amish kids (broken) Shelf LIVING ROOM Old .et ot living room turniture Old VCR Camera All knick-knacks on entertainment stand Candle holders Princess House Nintendo and games Cotfee table Brass stand All pictures and crafts in living room Wishing well curtains Candlesticks Clock on wall Rose basket and wagon Big Zenith television KITCHEN Old table and chair set Small pantry Mixer Electric grill Cow can opener Sandwich maker Slow cooker Curtains Everything on walls Everything with cows Cast iron skillet Cow dishes Cow glasses One-halt of childrens' dishes Cow silverware Pampered Chef utensils One-half of another utensils One-halt tea towels and dishrags One-halt pots and pans One-halt Tupperware One-halt of Rubbermaid items One-halt ot baking dishes Antique dishes on windowsill i' 7 OUTSIDE TOYS Island cruiser Shea's sled Shea's garden center White and orange wagon Ball pit There is a group of objects which the parties have identified as "yard sale stuff". These items shall remain in the possession of HUSBAND, but next summer there will be a yard sale at which the parties will sell these items and divide the proceeds equally. All remaining items that are not listed in this list will become the sole and exclusive property of HUSBAND. This Agreement shall act as a Bill of Sale evidencing the complete and final transfer of all personal propel'ty to the respective parties. 5. AFTER-ACQUIRED PERSQNAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claims or rights of the other, all items at personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same a. fully and effectively, in all respects and for all purpose., a. though he or she were unmarried. 6. PENSION AND EMPLOYMENT BENEFITS HUSBAND is employed by Ingersoll Rand and has certain employment benefits, including pension and savings. WIFE hereby relinquishes any right, claim, title or interest which she may have in any employment benefits, including pensions, to which HUSBAND i. 9 entitled through his employment. 7 . ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action of either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 8 . RELEASE Subject to the provision~ of this Agreement, each party ha. released and discharged, and by this Agreement does for him.elf or herself, and his or her heirs, legal representatives, executor., administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all cau.e. ,of action, claims, rights, or demands, whatsoever in law or equity, including equitable dist.ribution, spousal support, alimony, coun.el fees, alimony pendente lite and expenses which of the partie. against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other 10 statutory or common law, except as set forth below in this paragraph, all causes of action for divorce, and all causes of action for breach of any provisi.ons of this Agreement, including proceedings to enforce this Agreement pursuant to the provisions of the Divorce Code. Each party also waives his or her right to request marital counseling, pursuant to the Divorce Code. 9. WAIVERS OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her own property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take against the will of the other, and right to act .s administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge 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, rights and claims. 10. RIGHTS ON EXECUTION Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital 11 status, shall terminate and be as if they were never married. 11. LEGAL FEES If either party to this Agreement resorts to a lawsuit or other legal action to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in law, in equity or pursuant to the provisions of the Divorce Code, as the same shall be determined by the Court. 12. INCORPORATION IN FINAL DIVORGE The terms of this Agreement shall be incorporated but shall not merge in a final divorce decree between the parties. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any child support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of eaob party. Except as herein otherwise agreed, this Agreement sball remain in full force and effect regardless of any change in tbe marital status of the parties. It is warranted, covenanted and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant 12 and representation is made for the specific purpose of inducing the partie. to execute the Agreement. 13. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no other representations, warranties, covenants or undertakings other than those expressly set forth herein. HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction. HUSBAND and WIFE each vOluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothinq herein contained shall constitute a waiver by either party of any 13 rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 15. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. VOLUNTARY EXECUTION Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each ot them. 17. DESCRIPTIVE HEAD~ The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. CONTROLLING LAW This Agreement chall be construed in accordance with the lavs of the Commonwealth of Pennsylvania. 14 ~ \.0 t1,; ,- r:~ c;:; I ,.~ ," ,..~ ).....r UJ " ft' I;), , , -" 1:'>- .n_ :~ 9' lJ.., ,.:'.i '" .- (l <<, .'1) ~, L , .." ~t" C,,: '.~J ,I , ,,'il ,,' ,I, ....;, ' ,~ t: Cl r- L7I PAUL CRAIG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. NO. 96-1684 CIVIL TERM SABRINA S. CRAIG, Defendant IN DIVORCE PRAlCIP. TO TRANSMIT RBCORD 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. section. ) 2. Date and manner of service of the complaint: 4/1/96 (Strike out inapplicable U,S. first-class, certified mail, return receipt requested 3. Complet~ either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: 4/7/97 by defendant: 4/7/97 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: I (2) Date of execution of the plaintiff's affidavit upon the defend~nt: 4. Related claims pending: Marriage Settlement Agreement dated 11/4/96, , 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, it the decree is to be entered under section 3301(d) (1) (i) of the Divorce Code. waivers dated 4/7/97 ~l:...,... ~//'arL ~)~~ Attorney for (P aintiff) (D~fl~alfit) ~ ~CI . ,. Cl ,. ~.-. M !..-f' ~t I..:; '" .)~~ ~r~ .., )~ r 0;' "rl') ,i .)2~ L' I l'- c-. :"lli.l r~ 'I" ; ~ I tJ.. ..., :'] Ll, r- Q c;r 0 " PAUL CRAIG, Plaintiff v. I IN THE COURT OF COMMON PLZAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96- )r.. r,/ CIVIL TERM I SABRINA S. CRAIG, Defendant I IN DIVORCE COHPLAIIT 1M DIVORC! 1. The Plaintiff is Paul Craig who currently resides at 258 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is sabrina S. Craig who currently resides at 5435 Anthony Highway, Mont Alto, Franklin County, Pennsylvania 17237. 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The parties were married on the 6th day of July, 1991, at st. Thomas, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United states or its allies within the provisions of the Soldiers and sailors Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the J ..) ..... 11'I ... \.1 'J" .~ ~ ~~ ~ ') ~ 9. " y; .... ,... r~ - .. - t ~ i': '.'J I, .. U11, .-. l.2:- fi:' t.;", (.';: .:"\ . .. ..: . ~ " G L:' " .., .. ; I' '. <, , \ '..1 . ,. <:::I jl; i .. f IJI! ~ (J' ': ~'-) (':' , ,) . , "- ,.J ,', , , ' ,....., rT ,,0 , ' , \ ~ li.' ,-.: J ~ r; j .."., "-l I , : p ~ " ,..... I' 1.'-'] , l, l..,'. '.l --... ~ ~ ~ ~ ~~<i, - = lit "'.::I .... ~ il=~~1 .... l.:lc g .... "'01 . 'I'i a~ ~ elilii "'... ...c en = ~~~ ~~ a3 I> .... .11) ~Q ~ .I~ ~ . ;I ..,;} - iJ = ... . ~ IS ~ ~ ~ , It . .. t' . ,t . , , .. -, .....' ) IN THE COURT 010' COMMON PLEAS 010' PENNSVLVANIA. CUMBERLAND COUNTY BRANCH PAUL B. CRAIG, Plai nti ff Civil Action . Law vs, No. 96 - 1684 SABRINA S. CRAIG, Defendant In Divorce a v,m, ~ NOW, comes the Defendant, Sabrina S, Craig, by her allorney, D. L. Reichard, II, and answers Plaintiffs Complaint in Divor.;:e as follows: !:OUNT I 1. through 8, Defendant neither admits nor denies the allegations contained therein in accordance with PA R.C.P. 1920.14, COUNT II NEW MATTER ALIMONY PENDENTE LITE 9, The Defendant incorporates paragraphs I through 8 of the Plaintiff's Complaint in divorce herein by reference, 10, The Defendant is unable to support herself adequately through gainful employment or by income from property, 11. The Plaintiff is employed and has adequate income to supply Defendant's reasonable needs, 12. Defendant requests the Court to enter an award of alimony pendente lite until final hearing I 3702 of the Divorce Code. 13, Defendantl'equires rr.asonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing, pursuant to I 3702 of the Divorce Code. ," ~.. 0, L. Reichard, II Allorney for De~ dant Superior Court ID #07324 VERmCATION I, Sabrina S. Craig, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa, C,S. 14904 relating to unsworn falsification , to authorities, I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa, C,S,14904. " \' . II I h. ',i 'i I If Sabrina S, Craig ) C! OJ(SEAL) ( ( ~ ,t) ," ~ll C..:J .. l.J" ~~ C(~ 1 ~ ".t t ' ..... ....:. ~i" 0:: -, " ~3 C ()':l ~ 1 . <,n , I 1:~. . ~ ! 1\ ' ' " I.).. r,: lil1 > <J "<,.l... ...... t., r- i (' O' t,) ,I , , " d," t I , '1'1 ".;' IlIFf "i!i!'. 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