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HomeMy WebLinkAbout00-03343 "".' ~--, "." ,,- ,~. 0 ", ~,,,. "".'- --,"'~, ," -;,.' ~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~ ~ - * li.~ ~ ~ ~.~ ~.~ .. ! IN THE COURT OF COMMON PLEAS ~ ~ ~.~ ~ i N ~'s ~ .'" ~.", . ~.~ ~.~ ~ t',. OF CUMBERLAND COUNTY STATE OF PENNA. ~ ;'.s . ~~~ ~ S~_.J.~.__~()~' Plaintiff -----------....-..--..----------.----- I II No. ..PP:::J;}41..... ......-........--W '",,' ~ ~.~ ~.~ ~ Versus ,"'. ~ i li.~ IXll'JIl1l\.A._CRQWJ:.W,_ Defendant ;"s ~ M ~.~ . i ~~~ DECREE IN , D I V 0 R C E oi S', t If N\ I AND NOW, ~~. ora. .. '. U!'!., it is ordered and decreed that ......0......... .q~~ .J.'o .Ol,~ . . . . . . . . .. . . . . 0 plaintiff, and.... _..................0. .~~.~:.~...........o..., defendant, are divorced from the bonds of matrimony. ',.,.' ~ ~.~ ~.~ , i ::t ~l ~ ~.~ ~ ''"'. k~ ~ 7:-: ;..~ I t'< ~~~ ~ ~~ ~., ~ 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; 'y' . ~.! ...," ~ ~;t k~ ~ ...., . .The.Separation.and.l?rQperty.SetUEmlEmt.Agroomomt.datoo.April.24, 020000.. 0 . .~ .1;l;1~ .~~~~ .~<? ~~~~1;-~~. ~. ~<?~1;-'(. 9~1;-t~~t .J!.g;-~t 0 ~t~.l':l9Y 31, 2000 e in=rporated by referencerJ. ~' li.~ ~ ~.~ ~~~ ~ j l'-: ~{ I ~ ~~ ~ ~ ~ I ;.~;;:)>>:',.,';-~.;:":~ ..... - -- - /1- ?JLu ( J. "7->hO~"" ~ )~.X):':';;:::':'.:".: ):::.:( :~!::+:~.;:>::.;.-:, :)~.::'..: ::':'.::<::"::+::"': >:.:!;: "~::':":Co;;: )::c.;;;:'::!::+};:: .:~.::+:( :::.::+x >'::.:>:,: x.:< ,:,!::.~.;:: :-:o::.~( '..~::.~.;;: ....::.~!,,: >::.~"" "'C' '" ~' . i li.~ * li.~ ,H, ~.~ ~ a ;,'.,; ~ ~.~ ~ ~.~ ~ ~~~ ~ ii i: If i Ii t I i ~.~ ~ ~ li.~ i i ~~~ ~;.~ ~ ?,~~ ~ ~:~ . ,~ " ~ li.~ , , I f I I i r , i .,'" t ~~~ ~ i ~.~ ~ ~ lil I ~~~ ~ ~.~ ~ ",,," ~ '.' ~ ~.~ ~ ~.~ ,', ~ ~ ~.~ ~ ;i). ~_l ~ '.~ ,', ~ ~ - , ,," It)- /()- ,~ ,,....,...""""""~ -oj' ,t/c:! '"'~~" ,~ ".,'t. r.-_'_ ''le'- ',O>""_".''''_~'' ~ h_'""~"1 ... n-- -1 riflirl"f''''' ,. , ' -, ",":''\ M~~-d4~ "77~ /U~ ~ ~ >' ~ " _11!V'1-.. ,,~Jn, !Jl.\ll4M ~, 1 "r ~n "":"! . ~< ,,",,,,!,,,,~,,,,,",,,,,-~' ""= .~~"',~ ._III1i~lIm\'i."Ml""'..">.tk'_ ( r. .~,:m,O-, fQ, Q)W " ,\Ul \j U \, ~-,,, '...-" , ADDENDUM TO SEPARATION AND PROPERTY SETTLEMENT AGREEMENX AND NOW, this 31" day of May, 2000 come STEPHEN J. CROWLEY (hereinafter "Husband") and DONNA A. CROWLEY (hereinafter "Wife'') and in consideration for the mutual promises contained herein and for the consideration referenced in the Separation and Property Settlement Agreement dated April 24, 2000, the parties hereto hereby amend said Agreement as follows: b. Within ten (10) days of the date of this Agreement, the remaining One Hundred Sixty-Five Thousand Dollars shall be divided as follows: Approximately One Hundred Seventeen Thousand Dollars ($117,000) shall go to Wife and shall be used by Wife as Wife desires for the support and maintenance of the children and her household; Husband shall receive the remaining approximately Forty- Eight Thousand Dollars ($48,000.00) to be used as Husband desires. i ~ I: I I I I I I. I , i: 1. Paragraph 3.3(b) is amended to read as follows: 2. All remaining terms and conditions of the Separation and Property Settlement Agreement dated April 24, 2000 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and selils the day and year first above written. WITNESSED BY: fup7Z'IP - ~ ~ tjZ.'Ifr F:\User Folder\Firm Docs\Gendoc:s2OOO\lS49-l.Addendum.wpd ,:"" .-.c.""'~llilf~iJiil~~~liI.~,!iili","'!t1t""..,,,,-,uf,~>";""h"""1"'l;!<;j;ijiii,'~ -~"'" '. ~~.~"~ -" . - ~~....h<I!Iil~limliilil~~iilii!li'M~~~ia1l!itillti"='~' ~,~"~ ~= 8 0 <:) 0 "T) s:: (/) -oco m -'.;ell ~rT1 ." :;Jj . , .~::::: , ~~ N : :~~ p:J CJ~ ~-"<l ,-:::':,CJ ~c -0 ..--:" ~o -rJ~ {~~:; "";!h :r>~ r:-;> om ~ _.4 W J> ::r:J oo-l -< "" ~~ ' ~~lilO'1'l'~ ,-,--- ll", '. " '?~fO)[pJW SEPARATION AND PROPERTY SETILEMENT AGREEMENT THIS AGREEMENT, made this:t.'7'T1Iday of April, 2000, by and between STEPHEN J. CROWLEY, of Carlisle, Cumberland County, PeMsylvania, party of the first part, hereinafter referred to as "Husband" and DONNA A. CROWLEY, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were married on May 9, 1987 in Carlisle, Cumberland County, PeMsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of PeMsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution oftheir}1!~tal property; WHEREAS, there were two (2) children born of the marriage: JOSEPH NICHOLAS CROWLEY, born June 3, 1990 and CECILE MARIE CROWLEY, born January 30, 1995; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they live apart from each other and to settle all fmancial and property rights between them; and WHEREAS, the Parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of ;-- Oc 1 - ,~ . ~,-~ -" , --~ ". " '. their mutual differences, after both have had fuIl and amble opportunity to consult with. their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPAJtATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dweIl with him or her by any legal or other proceedings. The foregoing provision shaIl not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leadi~ to them living separate and aparto ARTICLE ll: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto and to each of the said Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any 4L---'_. 2 _.~.'- , , " , Ii ':! " , :j I \11 I; :i !'i j 1'1 I'! :" 1:1 , , n ~ . .~~ ~ . , "0 .. " action for divorce; provided,however, that nothing contained in this Agreement shall prev~Qt or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for making any just or proper defense thereto. 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, and representation is made for the specific purpose of inducing Husband and Wife to elCecute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement.. 2.2 It is further specifically understood and agreed that J:!1c:.pr?vision of this Agreement relating to the equitable distribution of property of the Parties are accepted by each Party as a final settlement offor all purposes whatsoever. The Parties acknowledge that they have made full disclosure to each other of all assets that they own or have an interest in as of the date of this Agreement. Should either of the Parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, inn~I"90I,SPS,"pd 3 - ~. . " ~, ~~ "'-"'O~" -', ," -"I ... amend or vary any tenn of this Agreement, whether or not either or both of the Parties slt9uld remarry, it being understood by and between the Parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the Parties hereto. Such incorporation, however, shall not be regarded a merger, it being the intent of the Parties to pennit this Agreement to survive any such agreementso ARTICLE III: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which confonns to the criteria set forth in Section 3502 ofthe Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; -- - ' the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution $-- j)C 4 ~ ,-- ,~, "~ ... iilJl;!>>jil!",W..:iit\l<"M,- .' .. -.r, ".. ofa party as a homemaker; the value of the property set apart to each party; the standard of!iying of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the 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 marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the Parties. a. The Parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The Parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey tile to any such personal property in 5 Vc .~ '" -.... ---,,, .' , " the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing Party. a. The total value ofinvestments, including mutual funds, stocks and bank accounts on the date of this Agreement is anticipated to be approximately Three Hundred Sixty-Five Thousand Dollars ($365,000000). The Parties acknowledge that Two Hundred Thousand Dollars ($200,000000) of said amount is directly a result of inheritances that Husband received upon the death of his parents. The Parties specifically agree that said sum shall be excluded from the marital estate and that same shall remain the sole property of Husband. b. Within ten (1 0) days of the date of this Agreement, the remaining One Hundred Sixty- Five Thousand Dollars, shall be divided as follows: Approximately Ninety Thousand Dollars ($90;000.00) shall be used to pay of the mortgage currently on the marital home located at 7 Todd Road, South Middleton Township, Cumberland County, Pennsylvania; Wife shall receive Thirty Thousand Dollars ($30,000.00) to be used as Wife desires for the support and maintenance of the children and her household; Husband shall receive the remaining Forty-Five Thousand Dollars ($45,000.00) to use towards the purchase a personal residenceo c. The Parties acknowledge that they have approximately Twenty-Nine Thousand Four Hundred Dollars ($29,400.00) eannarked for college expenses for the children. Said monies shall be divided as follows: Eleven Thousand Four Hundred Dollars ($11,400.00) shall be placed in a college fund (Pennsylvania Uniform Gift to Minors Act Account) for the benefit of Joseph; Ten Thousand Dollars shall be placed in a college fund (Pennsylvania Uniform Gift to Minors Act Account)for the benefit of Cecile; and the remaining Eight Thousand Dollars shall be used by Husband to purchase appliances, furniture and related items for his new personal residence as ::tr'-~ -tOe- 6 ~~~" '.. ~="~ '."""",-"" ,,' " . . !""" .. referenced above. The college fundslPennsylvania Uniform Gift to Minors Act Accounts referenced herein can only be accessed upon the agreement of both Parties hereto and both Parties hereto shall be the joint custodians of same. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan, individual retirement account or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan, individual retirement account or related matters. The Parties acknowledge that Husband's IRA is currently worth approximately Seventy Thousand Dollars ($70,000.00) and that Wife's IRA is currently worth approximately Forty- Two Thousand Dollars ($42,000.00). 305 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party, including but not limited to any personal residence Husband may purchase as provided for hereino Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 7 +~ ~"~. "'.."~ - , iillii~k' 0, 3.6 Contemporaneously with the execution of this Agreement, Husband shall transfer to Wife any and all of Husband's right, title and interest in and to the marital residence located at 7 Todd Road, South Middleton Township, Cumberland County, Pennsylvania, heretofore owned by the parties as tenants by the entiretieso Said transfer shall be with clear and free marketable title with no mortgages, judgments or taxes due on same as of the date of said transfer. Thereafter any and all liabilities thereon shall become the sole and exclusive obligation of Wife. Wife hereby agrees that if Husband purchases a personal residence before a divorce decree may be entered divorcing the Parties, Wife shall, within three (3) business days of being requested to do so by Husband, execute a quit claim deed transferring any rights she may have in the newly purchased personal residence of Husband to Husband. The consideration for both transfers referenced herein shall be One Dollar. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agree~eE-t ~ey have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they, are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for child support, alimony, spousal support, or maintenance. Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ''''''l.sps,I\pd 8 - .' _!,_<._ OJ' ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties, and that as of the date of this Agreement neither Party has contracted for any debts for which the other will be responsible and each Party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each Party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other Party. ~J.thi_n thirty (30) days of the date of execution of this document, each Party shall execute the necessary documents to have said vehicles properly registered in the other Party's name with the Pennsylvania Department of Transportation. It is the intention of the Parties that the 1992 Honda Accord EX shall be transferred solely to Wife and the 1994 Cadillac Seville shall be transferred solely to Husband. 1S49-I,$PS..'PI 9 ~. , - -",- "'~ ~~"- " .. ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN 6.1 The Parties agrees to shared legal and physical custody of the children of the marriage. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of the children. Neither Party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the Parties that any decisions on these issues will be made jointly. 6.2 Each party agrees to keep the other apprized of any and all matters relating to the children's health, education, welfare, and activities, including advising the other Party in advance of any parent teacher conferences, medical appointments, school plays or performances, sporting events, special events and any other related matters. Both Parties shall be entitled to review school work and have a copy of the children's report cards or performance reports. 6.3 Wife shall have primary physical custody of the children, subject to such reasonable temporary custody and visitation rights of Husbando 604 Unless otherwise agreed to by the Parties, the Parties agree on the following custody schedule for the children: 1S49-I.srs.. 10 - ~ , '->. Ilbl:l . - ~ ~ ~ ",", .. .' ~._ . t a. Weekends. On alternating weekends, Husband shall have custody of the children beginning at 4:00 p.m. on Friday afternoon until 8:00 p.m. on Sunday evening. b. Weekday evenings. Husband shall have custody of the children on two week day evenings each week. Husband shall advise Wife of which two days he will have custody of the children on at least a monthly basiso Said custody shall begin at 4:00 p.m. and continue until 8:00 porn. c. Summer vacations. The Parties shall each have custody of the children up to four non-consecutive weeks during the children's' summer vacationso The Parties shall advise the other Party of the week(s) they desire for vacation no later than May 31 st of each year. The Party that first selects a particular week or weeks and communicates same to the other shall be entitled to that week or weeks. d. Holidays. i) Thanksgiving-- The Parties agree to alternate custody of the children on an annual basis for Thanksgiving. Husband shall have custody of the children on beginning at 4:00 p.m. on the Wednesday before Thanksgiving Day, 2000 through 4:00 p.m. on Thanksgiving Day, -- - 200 I (hereinafter "Thanksgiving") and on Thanksgiving eve!)' odd year thereafter. Wife shall have custody of the children on Thanksgiving, 2000 and on Thanksgiving eve!)' even year thereafter. The Party not having custody on Thanksgiving shall have custody from 4:00 p.m. on Thanksgiving day through 8:00 p.m. on the day after Thanksgiving Day. ii) Christmas-- The Parties agree to alternate custody of the children on an annual basis for Christmas. Wife shall have custody of the children from noon Christmas Eve, 2000 through 2:00 p.m. on Christmas Day, 2000 (hereinafter "Christmas") and on Christmas eve!)' even F:\UscrF~nn 1~"I.SPS.a-pd 11 ~ _l<" - ''-=.1",', .' ." '. year thereafter, Husband shall have custody of the children on Christmas, 2001 and on Christmas every odd year thereafter. The Party not having custody on Christmas shall have custody of the children from 2:00 p.m. Christmas Day through 8:00 p.m. on December 26th. Hi) Other holidays. a.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the children for any holiday or extended school vacation period. In the event that any holiday discussed in this section or this Agreement falls on a weekend, the holiday schedule will take precedence over the normal custody schedule. bo) Wife shall have custody of the children on every Mother's Day weekend. Husband shall have custody of the children on every Father's Day weekend. c.) . Husband and Wife shall discuss and agree on a custody schedule for the children at least two (2) weeks prior to any state or federal holiday not specifically mentioned in the Agreement. Other holidays include, but are not limited to: New Year's Day, Martin Luther KingJr.'s Birthday, President's Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, and New Year's Eve. Once a schedule is established for _~y particular holiday; custody of the children shall alternate between Husband and Wife every year according to that same schedule. d.) It is the intent of the parties that transportation of the children between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. Both parties hereby agree that for custody transportation purposes, each is willing to travel one (1) hour one way, For these purposes, the parties agree to meet as close to halfway as possible to accommodate the custody schedule. It is recognized that transportation will obviously be dependent upon each parties' personal circumstances and employment. 12 ^_ W^ ~ ~ ~~ "~~ ~ '~_<"lL . """,-- .' ." , "" , .. 6.5 The Parties hereby agree that Husband shall carry children on his health insurance coverage as long as the children are eligible. The Parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of any of their childreno 6.6 Beginning with the tax year that ends December 31, 2000, the Parties hereby agree that for Income Tax purposes, Husband shall claim Cecile as a Dependent and Wife shall claim Joseph as a Dependant. ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have r~tained or had the opportunity to retain independent legal counsel before the signing of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsc:l..?r the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13 ~ ~ .' -. " .. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, ~x~ept and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7r--- Qc.- 14 ., ", '~~--""'> 'i , !: !i i " !:I I !-'i :j i,1 'I 'i , " ! , ,I :,'1 ::1 !" I"~ :'i " ~ , ." .. .", '1. .,. 7.3 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.4 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. Jurisdiction for purposes of this Agreement shall remain in the Court of Common Pleas of Cumberland County, Pennsylvania. 7.5 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.6 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 15 ~"~ . ""~ .,..'C,,- Ii H i " 'I ~ I, I I i I I I I' I[ II I, " ~ 1 ,\ I :1 'I '\ " :i .1 :: :j i :i 1 , \ j 'I .1 :j , , I ) ~ II 1 " !i - """"""~"''''''''- ,0 r, ".. II, -f> 7.7 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.8 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.9 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 7.10 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, ISl9-I.5PS..~ 16 ~ ~"'J , " ~ "llillJd L" - " .' -. 'i. ." including but not limited to filing fees and attorney's fees, in any action or proceeding to enfou:e the terms of this Agreement. 7.11 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this 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. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: ~ ~ '01 ~ ~ a~aa Co Donna A. Crowley F;\UscrFoldcM'iflllDcalOmclocs2OOl1Sl9-'.srs."pa 17 ;[L ~i!ill~~~111-!1!li;cri>illo~JloIlt'<liillti,j!;!lt"'<l!!~fl!:ll"i*~'I;\;;~m"',-~~ ~091ili!~~~IO;l~!;oj~~-!.<o""'~-~"'- ~ 0 C) 0 !.::;; r'~ ''',~! .,'~, ~- U') : ~~-J -ocrr "" fl"l -n rnf":'. -0 i~:::: Z"J"',' 1"-j --,,]'1'1 L:~ r- -;..';'~1 UJ ~!"~ 0-" (j.J; .' -< 0 -~-1 '.- r' "CJ :;l~ '< "> 8~ :r:: Z )> N Om C ~ Z '..J =< .-J ~ ,~ ~-, .LI ~.~" ~ ~l!>lI"'''_' - .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN Jo CROWLEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. (r() - 3?:.'-/3 ~ --r~ DONNA A. CROWLEY, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in courto If you wish to defend against the claims set forth in the following pages, you must take prompt actiono You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your childreno 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this noticeo Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -', . -~. -~ "'." . .., . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN 1. CROWLEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NOo !TO- 33<(3 ~ T L<---- DONNA Ao CROWLEY, Defendant COMPLAINT IN DIVORCE AND NOW, this 31 ,j day of May, 2000 comes Plaintiff, Stephen J. Crowley, by and through his attorney, Michael 1. Hanft, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Stephen 1. Crowley, who currently resides at 3 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Donna A. Crowley, who currently resides at 7 Todd Road, Carlisle, Cumberland County, Pennsylvania 17013. 30 The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorceo 4. The parties were married on May 9, 1987 in Carlisle, Cumberland County, Pennsylvaniao 5. The marriage is irretrievably brokeno The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. ~ "w,~_ , ..... -~, - ~___11!L . ~ . 6. 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 counselingo WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, M chael 1. Hanft, squire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 "~~ ..~" I, "~ "' ~~" -~" ,-,--u,. ",.'" ~~ ,~ -- "'. ...... . VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparat~on of the lawsuit. The language of the document is that of counsel and not my OWllo I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to, the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verificationo This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltieso ,~ Stephen J. Crowley """'_~'~IEfL 7/ Z"'U.:> ""''-'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE DONNA A. CROWLEY, Defendant NO. 88-3343 Civil Term ACCEPTANCE OF SERVICE I, Donna A. Crowley, the Defendant in the above captioned matter hereby accept service of the Complaint filed in the above captioned matter. ~& /!e (> j) I Dored, 9~/1 ( / ,5UJU I F:\User Folder\Firm Docs\Gendocs2000\1549-1accepl.svc.wpd .'j '"'"lilhiil~Ild~-~ ~ ~~'!l!i<:J.!.'-"b.q;""~1tti!ldAkii'\i<;;l'!lO\W@i!'ffllkW~lll(1'."' J l' ~'- .,;, o~< ~-"~.jil~ ~ - .........~MM~- e '" 0 0 0 C 0 "'"(l ;g: '- ~w. - ,1 '- Z r :v I 1~T'1 Vi~ .)0 N (:)(J.) 26 :r;>> ~~jJ '< ?2:g -;Jl: --<j - Z~Tl )>~ - S 'J> ~ en ~ (TI -~ ~ L~~ ~~ ~~.. ' ~~ , ~ iI.l&.~_,-, , ... .' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY, Plaintiff vo CIVIL ACTION - LAW IN DIVORCE DONNA A. CROWLEY, Defendant NO. 00-3343 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by handing Complaint directly to Defendant on June 1,2000. Executed Acceptance of Service filed with the Court June 2, 2000 3. Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by the Plaintiff--September 21,2000 (filed September 22, 2000); by the Defendant-- September 15,2000 (filed September 15,2000). 4. Related claims pending: No claims raised. 5. Attached are copies of the Separation and Property Settlement Agreement dated April 24, 2000 and an Addendum to Separation and Property Settlement Agreement dated May 31, 2000, entered into by the parties. Said Agreement should be incorporated into the Divorce Decr.ee. Respectfully submitted, Date: September 26, 2000 ichael J. Hanft, squire Attorney ill #57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F: \User Folder\Firm Docs\Gendocs2000\1549_1 praecipe, transmit.wpd ,~~ -_~IiId" ~'~',";,,;=,"" ~,,~ ""!~~Mm>lib'i.itlh,;ill:<;.a!b~,~",!~~i"~~ ~';" ~'-'" i<<'''iI!f~.~l!;/;~iiUlII''~ , ,~ . J ~. ' ."'- JP- 0 0 0 C 0 .'1 s: (/) ." C,P ,'1 ::D mm -0 .-,-,h, Z:D N zr-- _>f"4 OJ> <-"" ~~~~S 27 C -u .....-'-T, <:::: ?'):D ~O :x :2-M )>2 r;: O' ...., ~ ,:J:) 5; co '< ~ ~~ ~ , -,,-- -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY, Plaintiff v. CNIL ACTION - LAW IN DNORCE DONNA A. CROWLEY, Defendant NO. 00-3343 Civil Term AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) 1. 31,2000. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decreeo 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 ofl8 Pa. C. S., Section 4904 rela' gto unsworn falsification to authorities. Date: C/!AI/UO ,.,,/ Stephen J.Crowley, Plaintiff Sworn to and subscribed before me this Ivtof day of SeplerrJ IXr , 2000. ~O{.~ Notarial Seal Denise l. Nye, Notary Public South Mld~let?n Twp., Cumber1and County My Commission Expires Feb. 26, 2001 Member, Pennsy1vaniaAssociation otNotaries F:\User Folder\Firm Docs\Gendocs2000\1549-1 affidavit-consent.sjc. wpd ~ nlllil ~ "11..r JilI.lIOO~",iii~I~;..!IiJ!l~W~"W;-Il.oiJ:!i.~~ ~~, '.'. IIili ~ ,~-- ,~'~ ~.... "1fl"'=~""'''-''''' ._...:..i D 0 0 c: c:::> -n ;::: en '~J -om '-"'I ,Ii 22 fTIr.T\ -0 Z:D N ~'S'lR Z~ ~z ['0..) <-")1" '0,0 !;20 -0 .-!~ ::w ~o ~.:.- OB ~9 r:? 2m ~ ~ ~ w ~ \,0 -- <~ . . . ,) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE DONNA A. CROWLEY, Defendant NO. 00-3343 Civil Term WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE lJNlJER &3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: q/~I/[1] F:\User Fuldcr\Fian Docs\Gcr.dccs20CO\1549-!waiver.sj,;.wpd Ii'~ ili~- ~"'ill ~ ",~."... - . l ....."'1!~11" "'""'-Hili:;~!'l'b~iIJ<ii"",~~,~bS~Ji.ili.i''t'ilf- '-nill~~lrliii!IilllliIlliroi''''~"''.'''' H '...,,--'", ,~ .' eg 0 ~ 0 ;g: rJ> .~..! '"Om ('T1 :': -n. rnrn -0 ;;1F ZX N ~~.9 Z-C;;: N ~~Z: ..J.r.....J ,<:0 -0 ~:n ~o ::!it ~2B r;-:> 7"'m -0 ()~ :l'>c: _'-l ~ "" ~ ~o Mi: ,. .~ '- - "".,,>, .. ., - .. ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY , Plaintiff v. CNIL ACTION - LAW IN DNORCE DONNA A. CROWLEY, Defendant NO. 00-3343 Civil Term AFFIDA VrT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SSo COUNTY OF CUMBERLAND ) 1. 31,2000. A Complaint in divorce under Section 330 1 (c) ofthe Divorce Code was filed on May 2. The marriage of PIa in tiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. r consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. r verifY that the statements made in this affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification t authorities. Date: Sworn to and subscribed before me this Us-'-h day of ~, 2000. {fVJIfU/01~rPv illy= Notary Public ' Notana! Seal Denise L. Nye, Notary Public South Middleton Twp., Cumberland County My Commission Expires Feb. 260 2001 Member, PennsylvaniaAssociationotNotaries F:\User Folder\Firm Docs\Gent\ocs2000\1549-1affidavit-consent.dac.wpd flWriJfSJ;ali1~.lsfIliI.'" I.JilliM.V'- -~ "","<il~~~!lr.'lll',;,;[Ji",,*,,gm~.Ji'~\.,d,,0~~ ~ ~ ~tliI~~Ji~llW~,jI!lilllll~~r" . .. " . -'~ "'''' ~ 1iliIOIiIIIli1~.-~-'i ("). g c: 0 $.:: '".) :net, v.l ~9J I"Tl ....-1 " "'I" ,;p~=n .F{~,. - . F::: VI .~gf?j ~. ~ ~(~ -,..- Q~ - arM ~ " r j;! 0\ :0 --< . ,~ .' '~ ... ~. , " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN J. CROWLEY, Plaintiff v. CNIL ACTION - LAW IN DNORCE DONNA A. CROWLEY, Defendant NO. 00-3343 Civil Term WANER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DNORCE DECREE UNDER Q330](C) OF THE DNORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is grantedo 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 9//\.5/6) F:\User Folder\Firm Docs\Gendocs2000\1549-1 waiver.dac.wpd r -' '''1ii!i:iff~j,_i~jallftjJiMiOi'-iil!1iJ;!lII/iI~iilIl~HI!!;,~iI\;W",,,,--C;.i,,,~ilb1o-,,'ll"B{,,,,",'',,,_;i>)'H!MI,ili,,,,~~II!!!!!~~~~l\\II!~"""'~""" ~~>>"~"""~'-'i!mi~_M'"'-'='~""~!!I~o' "'~~~':' ,,'1 ~ . .. 0 0 ~ ~ 0 tI!) ;:;'1 ~ ETI -0 ~i1:O ,- ~5; "-:::;'.rn (Jl "J):,Q (5 96 K -0 _,::t J- iB :l!: e'):-n - ;~ ~' .. ~ .$:'" -.J '< " - -"'" ,',~' , ,~ I, ~", . - ~- ~~" .-.- "