HomeMy WebLinkAbout97-07138
Ii I,
"t' "
,
"
-.. I,
I
,I(
'\! ,I ,
~'
"
II)
).
, "
-t i'
,~
"
,Le I
" I
" ,
I
I
.1
"
'-'
, Ii
,
, I "
,
,
I ,
"
,
i , ,
" I ,
,
,
I
, 1
I 1
1 I,
" I.
"
"
I)'
; I(
,I
,I
I, :
,I
I!
I'
,-I ! I
! >I,
,-Ii
, ,I
,
"
"
,J[
"
\:f~~l~
':~-::~Ja
:L},
~:i :q,r
~',}],
,:;
"!-r;l\~l
'111,,7,
'.it
;:I:J
j\ ;~;f~~
'IJ~U
,~(,'J~
)t'J
:,j!
i :::~~
- "a~~i
j;)j~
,":"~
" 'II!/(~
~"f'Jl
"\ '''I,til
-:i!n'
""Ii,
,,. i;~!
,ii.f,"{,-'-if
_ _ ~ ~'}l
l'i
lJJ
.I'{Jr
,\ '~'i-\YC
",:;1
" '~f~
:f~ll '
/,i(~-~~
:~:;l~J
::i~1
,1'-'1r,
":':1
I, -~-~i
cal,
i"
I;
I,
, ,
"
, I
'I
1
"
,1.
"
,
"/'
"
, 1-' --I,
, '
,
I'
,\
,
,
-,
1'1
"
-
. ..,
.:) ,
".
"tJ
, ,
~
rc')
......'
'",,- '
!l'_""'~
, .
" '
,"""
0".
:1
"
,
'I'
;'-ii'~
, :(l~
"-';~
'of
'-J-~
.j';l~it;
,l_;;i~l
',~
f~d
":::~
?~J
,i!l-
"
I"
"
,"
'" -j
,
"
"
"
,
,
"
'."
f ~.
'Ht
I, '~~
~'n'
" J , ~
r,
,
:11,
,-,-",
,~
,-..::'
ll',-,,~.
\' ,'I
,,,I
,-, I
11 'j
,
"
.'
"
.
RICHARD C. FRALEY, II,
PlaIntIff/Respondent
t IN THE COURT OF COMMON PLEAS OF
t C\JMDERLAND COUNTY, PENNSYLVANIA
t
CIVIL ACTION. LAW
97.7138 CIVIL TERM
v.
SUSAN E. (FRALEY) HUGHES,
Defendant/Petitioner
IN DIVORCE
,
,I
ORDF,R OF COURT
AND NOW, this Lj!h day of 6c.i~l .2000, ~on consideration of
the attached Petition for Spccial Rclief; a hearing is hereby scheduled for l) fltAJl'f!A. /9 ,
2000, in Courtroom No. _~ at /tJ: 30 o'clock _A..M.. Cumberland County Courthous'l,
One Courthouse Square, Carlisle, Pennsylvania 17013.
,
, I
\
\
\
I
By:
J.
.
v.
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
97-71311 CIVIL TERM
RIClIARD C. FRALEY, II,
PlulntlfflRespondent
SUSAN E. (FRALEY) lIUGlIES
Defendunt/Petltloner
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this 27th day of Septembcr, 2000, comes the Del'cndllntlPctitloner, Susan E.
(Fraley) Hughes, b~ h,er attorneys, hwin, McKnight & Hughes, and mukes the following Petition
for Special Reliefagllinstthe PlalntiftlRespondent, Richard C. Fraley, II:
1.
The petitioner is SuslIn E. (Fraley) Hughes, an lIdult individual who rcsides at 418 "A"
Street, Carlisle, Cumberland County, Pennsylvania 17013.
i
, I
i
'j
2.
,
,
I
, I
i
!
'I
The respondent is Richard C. Fraley, II, an adult individuul who rcsides at 745 Cherry
Drive, Aiken, South Carolina 29803.
3.
The defendant filed a Complaint in Divorce in the Court of Common Pleas of
Cumberland County at Docket No. 97-7138 Civil Term. A Decree in Divorce was grantcd on
November 11, 1998.
I',
I
I
i
J
~
MARR/AGE SETTLEMENT AGREEilIENT
d I. "1' IV
THIS AGREEMENT 01(\ I.! t liS 'vi'
day of OC,'7:1ef/..
. 19'J~. by ami
b~t\V~en SUSAN E. FRALEY (hl.!rdnattcl' rcferrcd to as "WIFE") and RICIIAIW C.
FRALEY, 11, (h~rcimllicl' rclerrcd to as "IIUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE wcrc lawfully married on Deccmbcr i. 1'J'J 1; and
WHEREAS, diverse, unhappy diffcrences, disputcs and difficulties have arisen betIVecn
the parties and it is the intention of HUSBAND and WIFE to live separate and apan for thc rest
of their natural lives, nnd the partics hereto arc desirous of scttling fully nnd finally their
respective financial nnd property rights nnd obligations as bctween each other, including, without
limitation by specilication; the settling of all matters betwccn them relating to thc oIVncrship and
equitable distribution of real and personal property; the settling of all claims and possible claims
by one against thc other or against thcir resp~ctivc estatcs nnd equitable distribution of pmperty
and alimony for each party.
Thc partics hercto agrcc and covcnant as tallows:
.~
14.
!!Et!EFITS ANI) BANI~ ACCOUNTS: WIFE agr~~s III waive all right. lill~ lInu
intercst which she may hav~ In the savings llr ~h~~klng <11' any llth~r hank accounts of th~
HUSBAND, and HUSBAND ngr~es to waive all inl~r~st which h~ has in the bank accounts of
the \Vlr-E.
15.
IHVORCE: Th~ puni~s both ugrc~ to cllop~ralc wilh each olh~1' in obluining II tinlll
divorc~ of the rnarriagc. It is ngr~~d that the panics will e.xecute and tile the consents n~cessary
to obtain the divorce. Any party who fails to coop~rate Wilh oblalning the Dlvor~e shall pay nil
,the costs and legal fees of the pany who is seeking the divorce.
16.
BREACH: If either party breaches nny provisions of this Agreement, the other pany
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fecs nnd costs incurred by thc other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Each of lhc partics shall from time to time, at the
rcquest of thc other, execute, acknowl~dge and deli vcr to the othcr party any and all further
Instrurncnts that may be reasonably rcquircd to givc full force anu effect to the provisions of this
Agrcerncnl.
8
, .
I .
VERIFICATION
The foregoing Petition tor Special Rclicfls bascd upon Information which has been
gath~rcd by counsel and myself In the preparation of this action. I. have read the statements made
,
in this document and they are true and correct to the best of my knowledge, Information and
bellet: I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsllicatlon to authorities.
,I
JiA"-^ ~~_
SUSAN E. HUGHES
. Date: Soptelllber U. 2000
,
-
,
assigns. The pUlties have ullempted to divide their Marital I'rlipcrty in u manncr thut eOnllll'lllS to
a just and lilir stundard, with duc rcgurd to the rights of cueh PlIrty. Thc division of c~isting
Marital Propcrty is not intcndcd by the purties to clJllstitutc in uny way u sale or e~change of
asscts, and the division is being cffccted without thc introduction of outside funds or othcr
pruperty not constituting u part oflhc marital estate.
It Is thc further pUlllose of this Agrcemcnt to sellle Illrever und complctely any obligution
undcr the Pcnnsylvaniu Divorec Code rcluting to spousul support ()r ulimony.
6.
Each party represents and warrants thut he or she has Illude a full and fuir disclosure to the
other of nil Of his or hcr property intercsts of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or rcstrietion to which any property is subject. Each
party further rcpresents that he or she has mude a full and fair disclosure of all debts and
obligmions of any naturc Illr which he or she is currently liable or lIlay become liable. Each
further represents and warrants that he or she has not made any gills or transfers for inadcquate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the cxtcnt desircd, hc or she hus had access to ull joint
nnd scparate State and Federal Tux Returns tiled by or on bchalf of either or both Parties during
marriage.
7.
LIFE INSURANC~: HUSBAND hcreby agrees to maintain a life insurance policy on
his Iifc naming the parties' daughter, ALYSSA K. FRALEY, as the bcncl1einry in the amount of
One Hundred Thousnnd and no/100 ($100,000.00) Dollars until the parties' daughter reachcs the
4
10.
AlJTOMOBlU:S: WIFE hcrcby waivcs ull right. titlc und intcrcst in thc 1982 Camcro,
and HUSBAND shall bc rcsponsiblc I~)r all insurancc on said vchicle and all pnymcnts associuted
with the purchasc of said vehick~. HUSBAND hcrcby waivcs ull right, title and intcrcst in thc
1995 Ford Explorcr, and shull coopcrate in transterring thc title of said vchiclc into WIFE's name
individually. WIFE hcreby ugrces to rctimmcc thc loan cUITcntly aguinst the 1995 Ford Explorcr
within sixty (60) days ofthc datc ofth.: cxccutlon of this agrecmcnt. WIFE shall b.: rcsponsible
tor thc insurancc on said vchicl.: and uny paymcnts associatcd with the pUl'.:hasc of said vchlcle:.
It.
MARITAL DEBTS: It is mutually agrced by and bctwcenthc partics that WIFE shall
assume all liability for nnd pay and indcmnitY the HUSBAND against all debts incurred by
WIFE uller the dat.: of scparation. WIFE reprcsents nnd warrants to HUSBAND that since thc
partics' marital separation shc has not contracted or incurrcd any dcbt or liability for which
HUSBAND or his estatc might b,~ responsible and WIFE furthcr rcprcsents and warrants to
HUSBAND thut she will not contract or incur any debt or liability aileI' the exccution of this
Agreemcnt, tor which HUSBAND or his cstate might be responsiblc. WIFE shull indcmnity and
savc HUSBAND hunnlcss Irom any and all claims or demands madc against him by rcason of
dcbts or obligutions incurrcd by hcr.
HUSBAND shall assumc ull liability tor und pay nod indemnity the WIFE against all
. dcbts incurred by HUSBAND aller thc dutc of separation. HUSBAND rcpresents ul1d warrants
to WIFE that since thc partics' lIlurilal separation hc has not contracted or incurred any dcbt or
6
. \
.
liability for which \yIFE or hcr estlltc might bc responsiblc ami HUSBAND furthcr represcnts
and WlIrrants to WIFE thllt hc willnllt contruct 01' incur lIny dcbt or Iillbility lIllcr the e:<ecution of
this Agreement, lor which WIFE or hcr estatc might bc responsiblc. HUSBAND shlllllndemnify
and save WIFE harmless Ihull lIny nnd lIlI c1l1ims or dcmands IlIl1de agnillst her by rellson of
debts or obligations inclllTcd by him. IlUSI3AND further agrccs to be responsible Illl' and
indemnllY WIFE for the loan lit Members First, account number 123675-01, which WllS acquircd
during thc marriage.
I.
12.
CHILD SUPPORT: HUSBAND hercby agrees to pay to WIFE live hundred filly and
no/lOO ($550.00) Dollars evcry month for support of the parties' minor child, Alyssa K. Fraley,
born April 22, 1994. HUSBAND shall maintain health insurnncc on thc parties' minor child, as
well as dental insurance if dental insurnnce is olTerred through HUSBAND's crnploycr.
Unreimbursed rncdical expcnscs will be dividcd bctwccn HUSBAND and WIFE in proportion to
their respective net incomcs. The parties further agree that jurisdiction over child support shall
rcrnain in Curnberlnnd County, Pennsylvania.
13.
INSURANCE AND EMPLOYEE BENEFITS: Thc parties agrce that any other lite
insurance policics on the life of HUSBAND or WIFE or any other cmployce bcncfits, including
but ~ot limited to rctircrncnt, prolit sharing or medical benclits of eithcr party, shall be their own..
WIFE waivcs all right, title and claim to HUSBAND's employce bcnclits, nnll HUSBAND
waives all right, title, and claim to any of WIFE's ernployce benelits.
7
, ~
14.
IJENEFlTS ANI) BANK ACCOUNTS; WIFE ugrees to waive ull right, title uno
intercst which she may have In the suvings or checking or any other bank oeeounts of the
HUSBAND, ond HUSBAND ogrces to wolve all Interest which he has in the bonk accounts of
the WIFE.
15.
DIVORCE; The parties both ogrec to cooperate with each othcr in obtaining 0 final
oivorce or thc morriugc. It is agrcco that thc partics will cxccutc ano liIe thc consents nccessary
to obtain thc divorcc. Any party who fails to coopcratc with obtaining thc Divorce shall pay all
the costs and Icgal fces ofthc pnrty who is sccking the divorce.
16.
BREACH: If eithcr party brcaehcs any provisions of this Agrecment, the other party
,
shall have the right, at his or hcr election, to sue for damages for sU,ch breach or seek such other
remedies or relief as may bc available to him or her, ano the party brcaching this contract should
be responsible for paymcnt of legal fecs WId costs incurred by the other in enforcing their rights
, under this Agreement.
17.
ADDITIONAL INSTIWMENTS; Each of the partics shall from time to time, at thc
rcquest of the othcr, cxecute, acknowlcdgc and delivcr to the other party nny and all further
instruments that may bc rcasonably required to give full forcc and effcct to thc provisions of this
Agrcemcnt.
8
1M.
VOLUNTARY EXJo:CllIL~: The proviNlons of this Agn:elllcntllllllthclr Icgul clli:cI
huvc cithcr bccn fully explulncd 10 thc purtics by thcir rcspcctlvc counscl, or huve becn fi.i1ly
rcviewed aud understood i I' not rcprescntcd by counscl, und cllch Jlurty ucknowledges thut the
Agrecmcnt is Iillr and equitable, and thut it is being cntcred into volunturily, und tlllll it is not the
. rcsult of ony durcss or unduc influcncc. Thc purtlcs ugrce that unlcss othcrwisc specilically
providcd herein, this Agrcemcnt shall continue in lull forcc und cll'ect utlcr such timc as u final
Dccree in Divorcc may bc entcrcd with rcspect to thc parties. Thc Jlartics lurthcr agrce that thc
tcnns of this Agrecmcnt shall bc incOIllonlted into any Divorce Dccree which may be entercd
with rcspectto thcm. It is the parties' intent that this Agrccment docs not merge with thc Divorcc
Dccrce, but rather shall continuc to havc indcpcndcnt contractual signiticancc. Each party
maintuins his or 11\:r contructual rcmcdics as well as court ordercd rcmedies as the rcsult of the
alorcsaid incorporation or us othcrwise provided by law or statute. Those remedies shall include,
but not bc limited to, damagcs rcsulting from brcach of this Agrcement, specific enforccment of
this Agreemcnt and rcmedies pcrtaining to failure to comply with WI order of court or agreement
pertaining to equitablc distribution, ulimony, alimony pendentc lite, counsel fecs and costs as set
forth in the Pcnnsylvania Divorcc Codc or other similar statutcs now in cffcct and as amendcd or
hcrcaftcr enacted.
19.
ENTIRE AGREEMENT: This Agrecmcnt contuins thc cntirc understanding of the
partics and there are no reprcscntations, warranties, covenants or undertakings other lhun those
exprcssly set forth hercin.
9
"
20.
APPLICABLE LAW: This Agl":emcnt shall bc cunstrucd undcr thc Laws of thc
Commonwcalth of Pcnnsylvnnia.
21.
PRIOR AGREEMENTS: II is undcrstood and agrecd that nny and all propcrty
settlemcnt agrccments which mayor have been cxccutcd prior to thc date and timc of this
Agreement arc null wld void and of no effect.
22.
I'A YMENT 01' COSTS: HUSBAND hereby agrces to pay onc-half of WIFE's
attorncy's fces associatcd with thc divorcc action, including the lecs associatcd with this
agrecrncnt. Said paymcnt shall bc mude to WIFE within thirty (30) days of the cxccution of this
agreement.
23.
WAIVER OF CLAIMS AGAINST ESTATES: Exccpt as hcrcin othcrwise providcd,
each party rnay disposc of his or hcr propcrty in any way, and each party hcrcby waivcs and
relin~uishes any and all rights he or shc may now havc or hcreaflcr acquirc, undcr the prcsent or
futurc laws of any jurisdiction, to sharc in the propcrty or thc cstatc of thc othcr as a rcsult of thc
marital relationship, including without limitation, dowcr, curtesy, stututory allowance, widow's
allowance, right to take in intestacy. right to takc against thc Will of the othcr, and right to act as
administrator or exccutor of thc othcr's estatc, and cach will, atthc re1luest of the other, cxecutc,
acknowledge and deli vcr any and all instruments which may bc necessary or advisablc to can)'
into cflcctlhis mutual waivcr ano rclinquishment of all such intcrests, rights and claims.
10
IN WITNESS WIIEIU~OJ1, the PLlrties hereuntu have set their IHlnds LInd seals the dLlY
and yeur first above written.
WITNESSES:
J4J I J # ~ (J lt1fiUt'C/.
9 .
l: (h.~ ~
I
l_l ) .....OJ!~)
.41M1"'" ?no 7-Mt1~_
SUSAN E. FRALEY
-&It.~
RICHARD .' RALEY, II
(SEAL)
(SEAL)
. ,
11
IRWIN, MCKNIGHT & HUGHES
WEST POMFRE1' PROI<'ESSIONAL nWG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
MS SUSAN HUGHES
418 "A" STREET
CARLISLE PA 17013
\~
August 9, 2000
In Reference To: Family Law/DV
Invoice # 197J9
Professional services
H rs/Ratc AmolJn\
7/24/00 MAM Telephone call with client 0.25 37.50
150.00/hr
7/25/00 MAM Conference with client 0.75 112.50
Letter to attorney 150.00/hr
MAM Prepare Petition 1.00 150.00
150.00/hr 9
For professional services rendered 2.00 $300.00
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
cl- ~ J35'6
LAW OfFICES of
TIMOTHY S. GORDON P.A.
IN MARYLAND:
24 N. Jonathan 51., P.O. Ilox 3110
HaHcr~ll)wn. MD 21741.03911
nOI) 714.1102
Fax (lOI) 714.1140
(1) TO: ~~ ktJ./L.L A-.t-L?e.y-
(2) ADDRESSEE FIRM:
(3 ) ADDRESSEE FIRM PHONE:
(4) ADDRESSEE FAX PHONfiJ:
(5) 'l'OTAL NUMBER OF PAGES: d-- .: inciuding cover Memorandum
(6) DATE MATERIAl., FAXED: I~/ q I () ()
( 7) COMMENT:
For your information
Please reply as soon as possible
Needs your immediate attention
,
Comment:
.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US BACK ASAPI
~-_...-..._----------- --......---.----..-
"'
\\'111'11/'
.~,,"", ";', IJ
...... '..'/
,....c~"." ,"""', I, L,-.,.,...,..",.~),..,.,
t.,' ,~;".I'" .......i::}\..,..., I..,...,;,:"",,)
l
"~~~:~:n['~u:):r:::'~
',,(;C;:2t:li:!:i::::[i:n:?:~.
OflJ/CA rEO TO I'(RSONIIU Y I'ROVI/JING reGAL COUN.Sf/. IN M""HANlJ ANn I'INNSYL VANIA
IIf "".,
" ",
, .
I' 'I "'"
" .
,I, ,.,,'
"'I, .'
" .. I:
.
'.
j ~
.',' (, Ii
i'
, '.
" ,
"I' .
. I . '
II'
, ,,'
.'
, "
LAW OFFICE of
TIMOTHY S. GORDON P.A.
't
I ) 1~
fl"l;f\ll-'
'Il\f. '
H N. 1011.'111.", St., 1'.<), 1I0x J'11l
IlilgelStowll. M\) 217'\' .1l1'1II
(lllll 71.\. 11llJ.
Iii' (11l1) 71.\,11.11)
.July 12, ;1000
Mal'cua A r1GI~nig'lt, I I I, Esqu ire
West pomfret professional Bld~l.
60 Weat Pomfret Street
Carlisle, PA 17013-3222
REI Richard C. Fraley, II and Susan E. Fraley
Dear l.ll'. McKldght I
Thls lE: to acknowledge recelpt of your letter dated June 27,
2000.' I think you miL~sed the ent h'e point of. that letter whic~h
was to seek an amicable resolution to this matter based upon an
exchange of current financial information. I note that your
cOl'respondence of June 27, 2000 contains no nUQh financial
information.
While I am aware c,f the new guldelines of: April 1, 1999, I
still believe that a siqnificant decreascwould be warranted
.,
based upon Changed clxc\.lmstilnces. Certainly these challged
circumstances would form the basis for Inodification of .the
support pald.
our attunpt,c to petition the cumberland county Domest.ic
Reiations Section proved fruitless because of my client'lI
pOllture in the case. Therefore, I believe the only way to
proceed with this mattet' would either to exc;hange information
and agree to (l new figure or to bring on an enforcement action
by your cllellt. Since we have attempted to reElolve this matter
amicably, l'L'ior to unilat.'3ral reduction and have been rebuffed,
I do no'.; believe that attorney fees in this action are
appropriate. We Eltill request financial information necesflary
for the. calculatioll. I will forward the proposed guldelines
along with verification of o\lr financial circumstances to you.
My ell,ent has advised that the allotment for this next month
has been Inodified to approximately $270.00. If in tile event our
. calculation I)r "our enfor.cement yields different figures,
naturally I~ wt~_ have to make that up.
79
"WI!'!IIU) III I'/Ii.ll INM I \' 1'I/llVI/I/Nl; 11<;/11 COUN.lft IN MMII
,
~~.~~---~~.~~-**~*.~-**~_:~.._-~-~~:~
'. ..............-...__...._.~.... ""._~.~... -.......... ~... '..' -.-- .,. ,......., ' ~..... ~._.-- ......... .... '.". , ". ,.,~... '" ' '.'~""'" .-.....~ ,. ~...._..~...'"."'I....-._.....--...........-.-..
t!i I I "
~ ~
8
~
~
~
*
8
~
~
~
$
$
~
~
~-~~-~: -
~
...
,;,
.,
~
~
.
*
~
$
$
IN THE COURT OF COMMON PLEAS
$
~
8
i!'.
OF CUMBERLAND
STATE OF ~,
PENNA,
COUNTY
~
$
$
SUSAN E. FRALEY,
Plaintiff
No. .97-}138.GIVIL.TERlo\ Il)
CIVIl. ACTION .. l.AW
$
~
.'
$
VI\I',,'ll~i
~
'.'
,RICHARD C. FRAl.EY, II,
IN DIVORCE
,;,
.,
~
.:
~
.,
Dcfendant
s
,~
~
DECREE IN
DIVORCE
,;,
.,
ANDNOW,....,.A~w,..I/~,.... 19~~..... illsorderedand
decreed that". "'"' "S~~AN .E.. .1:'RALEY,."".",,,,,.,,..,,. '" plaintiff,
and.....,.,.,..,."... R.I~~~~D. c.'. nWF.:t.', n.."..,.,......., . defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entored;
. . ~~~, ~!1.r.r.i.a?>.e, ,s!,.t,t,lc!,!,en,t, ,AgFc.c,m.e,n,t, ,d.a,ted, .~c,t.o,b,e,r, ,29,., .1,~~~ N1<1 ,~~gIJ~<1 .In: . .
.t"~. p.a,r,t,i.eli, .ili. )l~,re,by, ,i.n,cp,rpp,r,a.t,c,d, ,ho,r,e,i,'I ,1\'Id. !l\a.d.e. ,1\ ,11!\r.~ ,q( .~hla .Olv:qrce .
Decree.
II y T h ~ C '/j Ii
^~",<' >>;y: A'..~~r...7
~<'''4 K. ~/t:' ..cJ.-;2
it' ' ~tlJOllotnry
M
.
~
~
~
~
'.
~
S
M
.'
~
~
w
'.'
~J
M
'.
8
,.'
~
$
$
*
~
~
",
~
'.
~
'.
~
'.
~
...
~
"
I~
~
~
'.'
*
I~
I...
J, I~
,
I'~
\ '.~
~
'41
','
~. .. .. ~. .;4.
'-*-~**'~*.~'~'.~"~'~"~'~'*'*~'~"h~~.
~
MARRIAGE. S-ETTLEMENT AGREEMENT
'J'J lJl 0 '- ,I /'
1'1I1S AGREEMEN,T made this ~_ day of . (11I)('1(
.' 1998, by und
between SUSAN E. FRALEY (hereinutler referred to us "WIFE") ulld RICHARD C.
FRALEY. II, (hereinutler relorred to us "HUSBANI)").
WITNESSETH:
WIIEREAS, HUSBAND and WIFE were lawfully murried on December 7,1991; and
WHEREAS, diversc, unhappy difterences, disputes und diflicultics have uriscn bctween
the partics and it is thc intention of HUSBAND and WIFE to livc scparulC and apart for thc rest
of thcir naturul lives, und the partics hcrcto arc dcsirous of settling fully and tinally their
respcctive tinancial and propcrty rights and obligations us bctwccn cach othcr, including, without
limitation by specification; thc settling of all mattcrs bctwccn thcm rclating to thc owncrship und
cquituble distribution of reul and personal propcrty; the scttling of ull claims und possiblc claims
by onc against thc othcr or againstthcir rcspective estates and equitablc distribution of property
and ulimony lor each party.
The partics hcrcto agree and eovcnant us fiJllows:
..
l.
Thc partics intcnd to maintllln scparatc and pCl1nancnt domiciles and tollvc lip art from
each other. It is thc Intcnt and purpose of this Agrecmcnt to set lorth thc rcspcctivc rights and
dutics of thc partics whilc thcy continue to Iivc apart from cach othcr.
2.
The parties havc attempted to dividc their matrimonial propcrty in a manncr which
conforms to a just and right standard, with duc regard to the rights 'of cach party. It is thc intent
of the parties that such division shall bc linalaJld shall t(Jrcvcr detcrmlne thcir rcspcctivc rights.
The division of existing marital property is not intcndcd by thc partics to constitute in any way a
sale or exchange of asscts.
3.
Further, thc parties Ilgree to continue living scparately and apart from the other ~t any
placc or places that he or she may selcct as they have hereto lore bcen doing. Neither party shall
. mol cst , harass, annoy, injure, threatcn or interfere with the other party in any matter whatsoever.
Each party may carry on and cngage in Ilny crnployrnent, profession, business or other activity as
he or she may decm advisable for his or hcr sole use and benefit. Neither party shall interlere
,
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereatler acquired by the other.
2
.
10.
AUTOMOBILES: WIFE hcrcby wuives ull right, title und intcrest in thc 1982 Cumcm,
and HUSBAND shull be responsible Illr ull inslIrunec un suid vehicle und ull puyments associuted
with the purehuse of said vehicle. HUSBAND hereby waives all right, title and interest in the
1995 Ford Explorcr, und shull coop crute in trunst\m'ing the title of suid vehicle into WIFE's nume .
individually. WIFE hereby agrces to retinanee the loun currcntly uguinst the 1995 Ford Explorer
within sixty (60) duys of the datc of thc execution of this ugrecmenl. WIFE shall bc rcsponsible
tl)r the insurance on said vehicle and any puyments ussodated with the purchase of suid vchicle.
II.
MARITAL DEBTS: It is mutuully agreed by and betweenthc parties that WIFE shall
assume all liability lor and puy and indemnily the HUSBAND against ull debts incurred by
WIFE after the date o(separution. WJFE rcprescnts and warrants to HUSBAND thut since thc
parties' rnilrital scparation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might bc rcsponsiblc and WIFE further represcnts and warrants to
HUSBAND that she will not contract or incur any debt or liability after tht: cxccution of this
Agreement, lor which HUSBAND or his estate might bc responsiblc. WIFE shall indemnify and
save HUSBAND hannlcss Irom any and all claims or dcmands made against him by reason of
debts or obligations incurred by hcr.
HlISBAND shall assume all liability lor and pay and indem'lily the WIFE against all
debts incurrcd by HUSBAND after the datc of scparation. HUSBAND represents and warrants
to WIFE that since thc parties' marital separation he has not contracted or incurrcd any debt or
6
.
liability tl)r which WIFE or her cstutc might bc responsible und HUSBAND lurthcr rcprescnts
and wurrunts 1,0 WIFE thut hc will not contruct 01' incur uny debt or Iiuhility uller thc cxecution of
this Agrccmcnt, /l)r which WIFE or hcr cst ate might hc rcsponsiblc. HUSBAND shull indcmnify
und suvc WIFE hunnless /I-IJln uny und ull c1uims or dcmunds mudc uguinst her by rcuson of
debts or obligations incurrcd by him. HUSBAND flirthcr ugrecs to bc rcsponsiblc tllr und
indemnifY WIFE t()r thc loun ut Mcmbcrs First, account number 123675-01, which wus ucquircd
during thc marriage.
12.
CIIILD SUPPORT: HUSBAND hcreby agrccs to puy to WIFE fivc hundred tilly and
noli 00 ($550.00) Dollars evcry month tllr support ofthc parties' minor cbild, Alyssu K. Fralcy,
born April 22, 1994. HUSBAND shullmuintain hculth insurnnce on the parties' minor child, as
well as dental insuruncc if dcntul insuruncc is otlerrcd through HUSBAND's employer.
Unrcimburscd medical cxpenscs will bc dividcd bctwccn HUSBAND and WIFE in proportion to
their rcspcctivc nct incomcs. The purtics tiJrthcr agrcc thut jurisdiction ovcr child support shull
rcmain in Cumbcrland County, Pcnnsylvania.
13.
INSURANCE AND EMPLOYEE BENEFITS: Thc parties agrcc that any other lite
insurancc policies on thc lite of HUSBAND or WIFE or nny other cmployce bcncfits, including
but not limited to rctircmcnt, profit sbaring or mcdical bcnefits of eithcr party, shull be their own.
WIFE waivcs all right, titlc und claim to HUSBAND's cmploycc bcnefits, and HUSBAND
waivcs all right, title, und claim to uny of WIFE's employec benctits.
7
IN.
VOLlJNTAltV EXECUTION: Thll provisions of this Agrlllll11llnt and their Illgul Ilf'fect
haw dthllr helln fully Ilxllluinlld to thll part ills hy their rllspeellw counsd, or huw blllln fully
reviewed und understood if not reprllsentlld by counsd, und each party ucknowledges llJUt the
Agreement is fhir und Ilquitablll, und (IJUt it is being enterlld into volunturily, und thnt it is not thll
result of any durllss or undull intlullncll. Thll purties ugrlle that unh;ss othllrwisll spllciticully
providlld hllrein, this Agrllelllllnt shull continue in t\11I forcll and effect uttcr such time as u final
Decrell in Divorcll may bll cntllrcd with respcct to the parties. The purties further ugrllll thut thll
tcrms of this Agrlllllllllnt shall bll incorporutcd into uny Divorce Dellrllll which may he Ilntercd
with respect to thcm. It is thll purties' intent that this AgrllcOlent dOllS not mcrge with the Divorce
Decrell, but rather shull conti nUll to huve indcPllndcnt eontructual signiticunee. Eueh party
maintains his or her contractual rcmedies as Wdl us court ordcrcd rllrnedies us the rcsult of' the
aforcsaid incorporation or us otherwise provided by luw or statute. Those remlldies shall include,
but not be limited to, damagcs resulting from brcach of' this Agrccmllnt, spllcitlc cntorcllment of'
this Agrecment und rcmlldills pertaining to tililurll to comply with an order of' court or ugreemllnt
pertaining to cquitablll distribution, ulimony, alimony Pllndentlllitc, counsel tees and costs as set
forth in the Pennsylvania Di,vorce Code or othllr similar statutes now in efl'ect and us amendcd or
hcreatlcr enactcd.
19.
ENTIRE AGREEMENT: This Agrcement contains the entirll undllrstanding of' thll
part ills and there urc no rllprllsllntations, warranties, covenants or undertakings othllr than those
exprllssly Silt torth hllrein.
9
20.
APPLICABLE l.A W: This Agrccmcnt shall he construcd under thc Laws of thc
Comn1\1nwcahh of Pennsylvania.
21.
PRIOR AGREEMENTS: II is undcrstood and agrccd that any und ull propcrty
scttlcmcnt ugreements which lI1uy or havc hccn cxccutcd prior to thc date und timc of this
Agrccment arc null and void and of no etlcct.
22.
l'A YMENT OF COSTS: HUSBAND hcreby agrccs to pay onc-half of WIFE's
attorncy's tees associatcd with thc divorcc action, including thc tees associatcd with this
ugrccmcnt. Said paymcnt shall bc madc to WIFE within thirty (30) days ofthc cxccution of this
agrccmcnt.
23.
WAIVER OF CLAIMS AGAINST ESTATES: Except as hercin otherwisc providcd,
each party may disposc of his or her propcrty in any way, und each purty hcrcby waivcs and
rclinquishes any and all rights he or shc may now havc or hcreaftcr acquirc, undcr thc. prescnt or
futurc laws of uny jurisdiction, to sharc in the property or thc cstatc of thc othcr us u resull of thc
marital relationship, including without limitation, dowcr, eurtcsy, statutory allowancc, widow's
Illlowancc, right to takc in intcstacy, right to tukc against the Will of the othcr, and right to act as
administrator or executor of the othcr's estate, and each will, at the rcqucst of thc othcr, exccutc,
acknowlcdgc and dcliver IIUY and all instrumcnts which muy bc ncccssary or udvisable to carry
Into cffect this mutual waivcr and rclinquishmcnt of all such interests, rights and c1uill1s.
10
'>- \.U I:
j':'"
.r'
." (.4
""I
~~; "
t'F\ ' ';'0-_
CII:. .., ;
&1" 1
I'
fi!.. .. . .
fi: .. , ,.
.. :"",
l15 fL': :j
0' (..J
"
SUSAN t:. FRAU:V,
Plalnllrr
IN TIlE COURT 01' COMMON PI.EAS OF
CUMIIERI.AND COUNTY, PENNSYl.V ANIA
v,
CIVil. ACTION .I.AW
97.71,1$ CIVIl-TERM
RICIIARD C. .'RAI.EY, II,
Defendant
IN IlIVORCE
PRAECIPE TOTIIANSMIT RECORD
To the Prothonotary:
Trunsmillhe record, logether with the following infomlalion, to the eoart for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301(e) of the Divorce Code.
2, Date and m,,"ner of service of complaint: A certified copy of the Complaint in Divorce WI\Jl served
upon the defendWlt on January 22, 1998, addressed to him at 1924 North l.egs Road, Apartment 7H, Augusta,
Georgia 30909 WId is e,videnced by his Acceptance of Service dated JWluary 22, 1998 WId med on February 2,
1998.
3. Complete either paragraph (a) or (b).
(a) Dale of execution of the affidavit of consenl required by Section 3301(c) of the Divorce
Code: by plaintiff: November 1,1998; by defendant: November I, 1998.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaint Ill's affidavit upon the defendWlI:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and mWlner of service of the Notice of Intention to Request Entry of a Divorce
Deerre and Counter-Affidavit:
(b) Date plaintill's Waiver of Notice in Section 3301(e) Divorce was filed willI the
Prothonotary: November 4, 1998.
Date defendWlI's Waiver of Notice in Section 3301(c) Divorce was fiI
Prothonotary: November 4, 1998.
Rebecca R. lIugbes,
Allorney for Plaintiff
SUSAN E. FRALEY,
Plaintiff
v.
: IN THE COUR'l' OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL'l'ERM 97- ?/JJY
RICHARD C. FRALEY, II
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to de fond against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do
80, the cose may proceed without you and a decree of divorce or annulment may be
entered against you by the Court, Ajudgment may o1so be entered against YOIl for any
other claim or reIiefrequeBted in theBe 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 iB indignities 01' irrotrievable breakdowll of the
marriage, you may request marriage counseling. A list of marriage coullselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, 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 OF 'I'HEM.
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, THIRD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE. PA 17018
TELEPHONE: 717-240-6200
Effective January 1, 1998:
CUMBERLAND COUN1'Y BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17018
TELEPHONE: 717-240.8100
12. The Plaintiff has not participated as a PUl'ty or witnoss, or in another
capacity, in other litigation concerning the custody of the child in this or another
court.
13. The Plaintiff hos no information of a custody procceding concerning the
child pending in a court of this Commonwealth.
14. The Plaintiff knows of no person not a party to the proceedings who hlUl
physical custody of the children or claims to have custody or visitation rights with
respect to the children, other than the matcmo1 grandparents of the child who may
have a claim to visitation rights,
15. The best interest and pcrmanent welfarc of the child will be served by
granting the relief requested bccause the Plaintiff is a capable and loving mother who
hos been the primary caretaker of the child and the custody and visitation relief
requested will enable the ongoing contact of the child with both her parents.
16. Each parent whose parental rights to the child has not been terminated and
the person who hIlS physical custody of the child have been named as parties to this
action.
17. Plaintiff seeks primary lcgal and physical cUBtody of Alyssa K. Fraley,
subject to the grant of an award to Defendant of partial physical custody for the
purpose of visitation on a reosonable basis, with exact times to be determined between
the parties taking into consideration Defendant's geographic distance from his
daughter and the wish of both par tics that he be able to see hcr on as regular a bosis
os is reosonably possible.
18. The Plaintiff hos no information of a custody proceeding concerning the
child pending in a court of this Commonweo1th.
COUNT V . ALIMONY AND ALIMONY PENDENTE LITE
19, Plaintiff incorporates herein the prior paragraphs above by reference.
20. During the course of her marriage, the Plaintiff has been financially
dependent upon the Defendant.
21. Plaintiff is employed full time at Dickinson College but does not earn
enough to support herself and the parties' daughter in the lifestyle to which they were
accustomed during the marriage of the parties,
22. The Plaintiff is in need of alimony pendonte lite to maintain herself during
the course of this action and to permanent alimony thereafter if she it;; to maintain her
lifestyle,
23. The Defendant is financially able to support his wife.
WHEREFORE, the Plaintiff requests thi.s Court to:
a. Enter a final Decree of Divorce divorcing the Plaintiff from the
Defendant;
b, Grant primary lego1 physico1 custody of the parties' minor daughter
to the Plaintiff, and partial physical custody to Defendant, subject to Defendant's right
of reasonable visitation on a reasonable basis, with the exact times to be determined
by the parties;
c. Award Plaintiff reasonable wimony and alimony pendente lite;
and
.
.
II '
,
"
"
I.
"d. Gr81it such fllrther relIef os It shall 'deem proper and just; and
e. Set an Immediate hearing on the Issue of AlImony Pendente Lite,
I
Respectfullywbmitted, .
Qu-.Qc.~
,
..
BY: AndrEla. cobsEln, Esq.
JAqOBSEN & MILKES
52,Eost High Street
C~llsle, PA 17013
(717) 249-6427
. Attorney No. 20952
, '
,'. ,
"
;0,'
I"
1\
I hereby veritY that the statements made in the foregoing ar!) true and correct.
I understand that false statements herein are made subject to the penalties of 18
. Pa,O.S, Section 4904, relating to unsworn falsification to authorities,
suj~~'~:nF~;/IQ () l!, if
II
.
. ..
~c
\
/~__.c
SUSAN E, FRALEY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
ClVILTERM Q1-7/3P
.
.
: NO.
RICHARD C. FRALEY, II
Defendant
.
.
: DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce.
Date:?2 j,ltJ '17
~df:j::;'- -
1924 North Legs Road
Apartment 7H
Augusta, OA 30909
,
I'
,
"
".
"
.'
!,
,.
"
.,
. . -' I:
'is; .-
r',
.. ..
,p)C1 ,_'T .>
?~{','p ',-"
IJ- - ,~.
~l' ';...1 ,
~~ :-:' I
C"k' !
L." ~''': "
l-!~ 1.>..
,/. eej ;
C! 0"") ;-)
II
"
,
,
.,
.
"
"
"
"
. ,
I,.' j
.
.
"
"
, ,
~ij\ as Nvr aQ3~
, .'
" '".~._-
"
)i'/
'.
,"
.,
'.
ALYSSA, he shall be entitled to exorcise the right of visitation up to two weekends
per month.
3. The parties agree that they shllll continuo to maintain the relationships
between ALYSSA and both her maternlll and paternal grandparents, Mother shall
continue to arrange for the present practice of visitation of ALYSSA with Father's
parents.
4. The parties will keep ellch other advised of their current respective home
telephone numbers.
5. While Fllthcr is not living in the Bame geographic area as ALYSSA, he
shall be primnrily responsible for the burden and expense of providing
transportation for the period of his visitation with ALYSSA. If the visit I!hall occur
within Pennsylvania or Maryland, or such other location os wife and ALYSSA may
be residing, the parties shall shlll'e responsibility for trllnsportation for visitation.
6, The parties have acknowledged that their agreement and entry into
their stipulation Is premised upon their wish to serve the best interest of ALYSSA
under the present circumstances. Both parties are directed to cooperate to the
maximum extent possible to fulfill the spirit of their agreement.
7, By their Stipulation, the parties have agreed that under the current
circumstances, the said Stipulation for Child Custody will serve the best interests of
the child. In the event of a change in circumstances, either party may at any time
in the future petition the Court for a modification for this Order,
8. Should either party at any time in the future petition for a modification
of the Order of Court based upon their Stipulation, the Cumberland County Court
.
"
j',
j!
'1
'I
i(!
,(
, ,
, .
.,
"
"
r;=. C") ".
r...
c ','
.u:; "'.
1-;; ,N ,~.(
g~(,' (, ~-;
, - ~ ~'J ;t
" ...
~~. "Cl... ...;,.,
(,.1 ,,_J
, (J co .~:I!i.
~n. N \ ,
IrOZ
eEll' t; "iI,:\
~L!u..
(-, (;;) ~::)
~ r.>':l ()
C1'
, I
"
"
"
"
,'I
,'I