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RHODOM E CRABTREE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
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vs. ) CIVIL ACTION - LAW
)
) NO. CIVIL TERM
CYNTHIA B. CRABTREE, )
Defendant ) IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce
proceeding filed in the Court of Common Pleas of Cumberland County. This notice is
to advise you that in accordance with Section 3302(d) of the Divorce Code, you may
request that the court require you and your spouse to attend marriage counseling
prior to a divorce being handed down by the court. A list of professional marriage
;' counselors is available at the Domestic Relations Office, 13 North Hanover Street,
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Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you
i' and you are not bound to choose a counselor from this list. All necessary
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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 days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RHODOM E CRABTREE,
Plaintiff
CIVIL ACTION.. lAW
NO. r' i.I,' I CIVIL TERM
CYNTHIA B. CRABTREE,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, RHODOM E CRABTREE, by his
attorney, Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is RHODOM E CRABTREE, an adult individual who currently
resides at 3806 Dorset Drive in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is CYNTHIA B. CRABTREE, an adult individual who currently
resides at 12 Pisgah View Drive in Etowah, North Carolina 28729.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the
ii filing of this Complaint.
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'i 4. The Plaintiff and Defendant were married on 1 September 1996 in
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5. There have been no prior actions of divorce or annulment between the
parties.
6. This marriage is irretrievably broken.
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7. Plaintiff has been advised of the aVdilability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to partici-
pate in counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce
pursuant to the Divorce Code of Pennsylvania.
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties
of 18 Pa. C.s. 4904 (unsworn falsification to authorities).
DATE: /1'//;':.#-3/
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RHODOM E CRABTREE
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Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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RHODOM E, CRABTREE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION, LAW
vs.
NO, 98-6061 CIVIL TERM
CYNTHIA B. CRABTREE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
22 October 1998 and was served upon the Defendant on or about 30 October 1998,
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2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90l
days have elapsed from the date of filing of the complaint and the date of service of the
:',complaint on the Defendant.
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I:, 3. I consent to the entry of a final decree in divorce either after service of a Notice of
',Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
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:',Intention to Request Entry of the Decree,
11'1" 4. I have been advised of the availability of marriage counseling and understand that
lithe Court maintains a list of marriage counselors and that I may request the Court to require
limy spouse and I to participate in counseling and, being so advised, do not request that the
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iCourt require that my spouse and I participate in counseling prior to the divorce becoming
l\final.
Ii I verify that the statements made in this Affidavit are true and correct and I
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I,\understand that false statements herein are made subject to the penalties of 18 Pa, C,S.
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I\Section 4904 relating to unsworn falsification to authorities.
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DATE
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RH0DOM E, CRABTREE '
RHODOM E. CRABTREE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYl VANIA
vs,
CIVIL ACTION, LAW
NO, 98,6061 CIVIL TERM
CYNTHIA B, CRABTREE,
Defendant
IN DIVORCE
AfFIDAVIT OF CONSENT
1. A Complaint in Divorce und8r Section 3301 ic) of the Divorce Code was fHed on
22 October 1998 and was served upon the Defendant on or about 30 October 1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
,days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3, I consent to the entry of a final decree in divorce either after service of a Notice of
,intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
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Ilntention to Request Entry of the Decree,
I: 4. I have been advised of the availability of marriage counseling and understand that
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;the Court maintains a list of marriage counselors and that I may request the Court to require
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jmy spouse and I to participate in counseling and, being so advised, do not request that the
!Court require that my spouse and I participate in counseling prior to the divorce becoming
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final.
i I verify that the statements made in this Affidavit are true and correct and I
!pnderstand that false statements herein are made subject to the penalties of 18 Pa, C.S.
ISection 4904 relating to unsworn falsification to authorities,
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CYNTHIA B. CRABTREE
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RHODOM E, CRABTREE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION. LAW
NO, 98.6061 CIVIL TERM
CYNTHIA B, CRABTREE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 lc) OF THE DIVORCE CODE
1, I consent to the entry of a final decree in divorce without notice,
2, I understand that) 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.
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I' I verify that the statements made in this Affidavit are true and correct. I understand
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,that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904
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i~elating to unsworn falsification to authorities,
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Ifated:
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CYNTHIA B, CRABTREE
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RHODOM E, CRABTREE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
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vs. ) CIVIL ACTION - LAW
)
CYNTHIA B. CRABTREE, ) NO. 98-6061 CIVIL TERM
Defendant )
) IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby enter my appearance on behalf of the Defendant, Cynthia B.
Crabtree, and accept service of the Complaint in divorce on her behalf and
acknowledge receipt of a copy of the same.
DATE: / {i-, Sf ,/ \'
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RHODOM E, CRABTREE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
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vs.
CIVIL ACTION - LAW
NO, 98.6061 CIVIL TERM
IN DIVORCE
CYNTHIA B. CRABTREE,
Defendant
QRDER
AND NOW this
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, 1998, upon
day of
consideration of the attached Petition, we hereby schedule a hearing before the
undersigned, to be held in Court Room No, ___,~__ of the Cumberland County
Courthouse in Carlisle, Pennsylvania, commencing at I ),
o'clock --L-'..- .m., on
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said Petition.
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, 1998, on the claims raised in
day of !' ". ,,'
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BY THE COURT~
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Samuel L. Andes, Attorney for Plaintiff
525 North 12th Street, Lemoyne, PA 17043 _ C'f':'-- /'''o,'~,,(
John J. Connelly, JR" Attorney for Defendant
P.O. Box 650, Hershey, PA 17033
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RHODOM E, CRABTREE,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CYNTHIA B, CRABTREE,
Defendant
NO. 98-6061 CIVIL TERM
IN DIVORCE
MOTION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
AND NOW comes the above-named Plaintiff, Rhodom E. Crabtree, by his
attorney, Samuel L. Andes, and moves the Court to enforce the terms of a Property
Settlement Agreement reached by the parties in this matter, based upon the
following:
1. The Plaintiff is RtlOdom E, Crabtree, an adult individual who currently
resides at 701 Tree Ridge Road in Knoxville, Tennessee.
2, The Defendant is Cynthia B, Crabtree, an adult individual who currently
resides at 12 Pisgah View Drive in Etowah, North Carolina,
3. At the time this action was commenced, Plaintiff resided in the
Commonwealth of Pennsylvania and both parties had resided in the Commonwealth
of Pennsylvania shortly prior to the date the action was filed.
4. The Plaintiff is represented in this action by Samuel L. Andes, Attorney at
Law, and Defendant is represented by John J. Connelly, Jr., Attorney at Law, both of
whom have entered their appearance in prior pleadings in this matter.
5. The parties are the parent of one minor child, Taylor Michael Crabtree,
born 8 October 1997. In August of 1998, the parties in this action were also parties
to an action involving the legal and physical custody of their said child, pending
before this Court to 98-3527. This Court, by the Honorable Edgar B. Bayley, Judge,
have scheduled hearings in that custody action,
6, The parties herein were also parties to a support action filed by Defendant
against Plaintiff and pending before tillS Courl to 589 Support 1998 (Pacses No.
035100218).
7. During the pendency of all of these actions, and following extensive
negotiations between the parties, but with tile guidance and advice of their
attorneys, the Plaintiff and Defendant reached an agreement which resolved all of
the issues pending between them, including claims for custody, child and spousal
support, equitable distribution, alimony pendente lite, alimony, and counsel fees
and expenses,
8. Plaintiff, through his attorney, prepared a written version of the
agreement reached between the parties and submitted that to Defendant and her
attorney for approval and execution on or about 8 October 1998 (the "October
draft").
9. Defendant reviewed the October draft with her attorney and requested,
through her attorney, a series of changes to the October draft.
10. Plaintiff had his attorney make the changes to the October draft
requested by Defendant, signed the revised agreement on or about 12 November
1998, and submitted that, again, to Defendant through the parties' attorneys. A
copy of that agreement is attached hereto and marked as Exhibit A and is referred
to herein as the "November Agreement."
11. Defendant has never objected to any provision of the November
Agreement and has never indicated that the written version does not accurately
reflect the agreement reached between the parties,
12. In reliance upon the agreement reached between the parties in their
private negotiations in September of 1998, Plaintiff has performed his obligations
under that Agreement and has changed his position repeatedly to his detriment.
Specifically:
A. Plaintiff withdrew !lis claim for primary pl1ysical custody of the
parties' minor child, agreed to allow Defendant to !lave primary physical
custody of said child, and agreed to allow Defendant to relocate to North
Carolina with the child in her primary custody. In fact, Plaintiff
arranged to transfer of his employment so that he could move to
Knoxville, Tennessee to accommodate the custody schedule the parties
arranged in their private agreement.
B. Plaintiff has paid Defendant $670,00 per month as child
support and withdrawn any further challenge to or appeal from the
recommended order of support entered in the Domestic Relations Office,
in the process withdrawing his claim that Defendant's earning capacity
had not been properly calculated.
C. Husband has, by selling the former marital residence, paid off
and satisfied in full the mortgage against that property, thereby
releasing Defendant of any further liability on that obligation.
D. Plaintiff has paid Defendant the sum of $3,000.00 as required
by Paragraph 5 (a) of the November Agreement.
E. Plaintiff has purchased and delivered to Defendant, and titled
in her name, a 1998 Honda Civic LX automobile, as selected by
Defendant, in accordance with Paragraph 6 of the November Agreement.
13. Defendant herself has acknowledged the agreement between the parties
and the validity of the November Agreement by performing some of her obligations
under that agreement. Specifically:
A. Defendant withdrew her claim for spousal support.
B. Defendant signed the documents necessary for Plaintiff to sell
the Mechanicsburg residence,
14. Defendant has not, however, executed the written version of the
agreement between the parties and has not fulfilled all of her obligations under the
agreement reached by the parties, Speciticillly:
A. She has not signed the documents, or permitted anyone on her
behalf to sign the documents, required for the funds resulting from the
sale of the Mechanicsburg residence to be released to Plaintiff.
B. She has failed or refused to execute and deliver the Affidavit of
Consent and Waiver of Notice required for the parties to complete the
divorce now pending between them.
15. Defendant's refusal to perform her obligations under the agreement
reached between the parties has caused, and has continued to cause, great injury
and financial loss to Plaintiff. In particular, Plaintiff's inability to obtain the funds
which resulted from the sale of his Mechanicsburg residence have made it
impossible for him to complete the financial transactions involved in the purchase of
the new home for himself and his minor children in Knoxville, Tennessee.
16. Defendant has stated to Plaintiff that she will not sign the written version
of the agreement and will not honor her commitment under the agreement because
she is angry at Plaintiff, Defendant's conduct is dilatory vexatious, and
unreasonable and is intended only to injure Plaintiff financially and personally.
WHEREFORE, Plaintiff prays this Court to enforce the terms of the agreement
between the parties, as those terms are outlined in the written version of that
agreement signed by Plaintiff in November 1998 and to award Plaintiff such
, reasonable counsel fees and expenses as he incurs in his efforts to enforce the
agreement reached between the parties.
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Samuel L, Andes
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 12''' Street
Lemoyne, Pa 17043
(717) 761-5361
I'RQI'ERlY~ SEU/"I;MENL8GREEMENT
THIS AGREEMENT, made this
day of
199B, is by and
between:
RHODOM E. CRABTREE, of 3806 Dorset Drive, Mechanicsburg, Pennsylvania~
17055, party of the first part, hereinafter referred to as "Husband"; and
CYNTHIA A. CRABTREE, Df 12 Pisgah View Drive, Etowah, NDrth Carolina, 2B729,
party of the second part, hereinafter referred to as "Wife,"
WITNESSETH:
WHEREAS, the parties heretD are husband and wife, having been married on 1
September 1996 and are the parents of one minor child: Taylor Michael Crabtree, born 8
October 1997 (hereinafter referred tD as "child"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has
initiated or plans to shortly initiate an action in divorce against Wife; and
WHEREAS, the parties heretD, Wife being represented by John J. Connelly, Jr.,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and tD their respective attDrneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties heretD have mutually entered into an agreement for the
division of their assets, the prDvisiDn fDr their child and for their rights and responsibilities
in and toward such child, the provision for the liabilities they owe, and provisiDn for the
resolution of their mutual differences, after both parties have had full and ample
fPportunity to consult with their respective attorneys, and the parties now wish tD have
hat agreement reduced to writing,
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
utually made and to be kept promises set forth hereinafter, and fDr other good and
aluable considerations, and intending to be legally bound and to legally bind their heirs,
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sllccessors, assigns, and personal represenlatives, do hereby covenant, flromise, and agree
as follows:
1. The flmties hereto arc also flmties to a child cllstody action flending before the
Court of Common Pleas of Cumberland County, Pennsylvania, filed to No. 98.3527 Civil
erm. The flarties acknowledge that they have reached agreement for a temflorary custody
schedule in that action and that their custody arrangements will have to be modified, from
ime to time, in the future deflending upon their living arrangements and their determination
e what is in the best interests of their child and of Husband's two children by a prior
carriage, Accordingly, the flarties make no flrovision in this agreement for the physical
custody of their son, Taylor Michael Crabtree, and agree to resolve that matter either by
~utual agreement in the future or by litigation before the approflriate court or courts of
lappropriate jurisdiction in the future if they cannot reach such agreement. The parties do
~gree, however, that they enter into this agreement knowing that Wife plans to relocate,
rith the child in her primary physical custody, to North Carolina, and that such relocation
fhall not, alone, constitute a basis to change the physical custody arrangements which
~hey have made by agreement up to this time, Otherwise, each of the parties reserves
Lnto themselves all of their rights, claims. and defenses regarding issues in such custody
~atter, Notwithstanding the above, the parties agree that Husband and Wife shall share
~~gal custody of the child, as the term "legal custody" is defined by the Pennsylvania Joint
FustodY and Grandparents Visitation Act, which shall include, but not be limited to, the
tght to make decisions regarding the health, religious training, and education of the child.
I' he parties agree that they shall cooperate with each other in exchanging information
about the child and in making themselves available for consultation and decision-making
egarding the child and each of them does hereby authorize any person, agency, or entity
aving information regarding the child 's health, medical treatment or care, religious training,
nd education or schooling, to make such information available to the other party hereto.
ifhe parties further agree that, in the event an emergency arises which requires an
mmediate decision by one of them and the other party is not present, either party is
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authorized to make decisions regurdino the medicallreillment and cure without the
consultation with or consent of the other. Wife does hereby further authorize any
physician or hospital attending the child, or any school in which he is enrolled or at which
he pursues his education, to release and disclose to Husband any and all information
[' egarding the child, of which said authorization a copy of this agreement shall be full' and
adequate proof. Husband does hereby further authorize any physician or hospital attending
he child, or any school in which he is enrolled or at which he pursues his education, to
release and disclose to Wife any and all information regarding the child, of which said
[1< uthorization a copy of this agreement shall be full and adequate proof.
2. Husband shall pay to Wife, in satisfaction of his obligation to contribute to the
financial support of the parties' son, Taylor Michael Crabtree, the sum of Six Hundred
Eeventy ($670.00) Dollars per month, commencing on the dute that Wife first filed for
Lhi1d support with the Domestic Relations Office of Cumberland County, Pennsylvania, and
ontinuing, without modification, through 31 October 2000. The parties will calculate any
rrearage due under this obligation as of the date this agreement is signed and Husband
hall make payment of such arrearage within thirty (30) days of the date of this agreement.
ife acknowledges that she is aware of Husband's earnings and earning capacity and his
lans to change job assignment which may result in a change of his income and his living
xpenses. In addition to the cash support payments provided for herein, Husband shall
eimburse Wife fifty (50%) percent of the reasonable daycare expenses she incurs for the
hild as a result of Wife's employment. Wife shall submit verification of such expenses to
us band on a monthly basis and Husband shall reimburse Wife his one-half share of those
xpenses within thirty (30) days thereafter. In addition, Husband shall pay one hundred
~11 00%) percent of all of the child's unreimbursed medical expenses until such time as Wife
s employed, After Wife is employed, the parties shall divide the unreimbursed medical
xpenses equally between them, Wife agrees that she shall not, prior to 31 October 2000,
ile any action or make any request for an increase in the amount of support and Husband
grees that, during the same period, so long as the parties' son remains in the primary
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physical custody of Wife, he shall not file an action or make any request to reduco tho
amount of support due hereunder, Both parties agree to bo contractually bound by the
terms of this Paragraph 2 of this agreement with re(Jard to the child support and their
agreement not to seek any modification thereof for a period of two years, After such two
~ear period, however, noither of the parties sha". be contractually bound by the support
provisions of this agreement and they Will enter Into a new agrecment on the subject of
bupport and, if they cannot reach agreement, either of the parties shall be free to seek an
I~rder from a court of appropriate jurisdiction and, in the event of such subsequent
greement or subsequent order of court, the terms and provisions of such subsequent
agreement or subsequent order of court shall supplant and replace entirely the support
I rovisions of this agreement.
3. Wife covenants and agrees to convey to Husband, as his sole and separate
roperty, the real estate presently owned by the parties hereto as tenants by the entireties
nd being known as 3806 Dorset Drive, Mechanicsburg, Pennsylvania, subject, however,
10 all liens, encumbrances, easements, and restrictions presently existing thereon. In
urtherance of this Agreement, Wife represents that she has, as of the date of this
greement, executed, acknowledged, and delivered to her attorney, a deed to said real
state, conveying the same as above described to Husband, and agrees that said deed shall
e delivered by her attorney to Husband's attorney immediately upon the execution of this
4. In consideration of the conveyance of real estate as above described, Husband
ereby covenants and agrees to assume and pay in full the remaining balance of the
ortgage now existing and presently constituting a lien upon and encumbering the same
remises, in accordance with the terms and provisions of the mortgage, such mortgage
eing owed and payable to , and Husband further agrees and
Fovenants that he will indemnify and save Wife harmless from any and all liability, expense,
ost, or loss whatsoever as a result of his non-payment of or non. performance of said
ortgage and said mortgage conditions.
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5, Husballd !;11iI1I pay to Wifu, ,IS part of the equitable distribution of the marital
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assets of tho parlius, t11lJ followilln sums of money:
A, The sum of Three Thousand ($3,000,00) Dollars at or prior to the
execution and delivery of this agreement and Wife hereby acknowlodges
receipt of same,
8, The sum of Thirty Thousand ($30,000,00) Dollars, which
represents the amount tho parties have agreed Husband shall pay for Wife's
equity in the marital residence, said sum, without interest, shall be paid on or
before 30 June 1999, As long as the payment is made by 31 December
1999, no interest shall be due on the payment but, if the payment is not made
on or before 31 December 1999, Husband shall pay Wife interest on the
unpaid principal balance at the rate of ten (10%) percent per annum effective
1 July 1999 and continuing until such time as the full principal balance has
been paid,
6, Husband shall, on or before 31 October 1998, purchase for Wife, and title in
[ ife's individual name, a 1998 Honda Civic LX automobile which shall be new and shall
ot have been previously titled in any other party's name.
7, The parties acknowledge that Husband, as a result of his employment with Rite-
id Corporation, owns options on 1,500 shares of Rite-Aid stock which were issued to him
n November of 1997 and which are exercisable by him prior to 30 November 2001. The
arties agree that, if Husband exercises those options and, as a result, realizes and receives
cash profit from them, he shall pay to Wife, on or berore 30 November 2001, one-half of
he cash profit he actually realizes and receives from those options. Each of the parties
hall be responsible to pay any and all income and other taxes imposed upon the profits
rom those options at the time that the distribution is made and received by each of them
nd each of the parties will indemnify and save the other harmless on such tax liability or
bligation,
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8, The riulies acknowledge that Husband ha~; other benefits as iI result of his
emrloyment by Rite-Aid C(lI'poration whir.h may inr.lurle a 4011k) rlan. a retirement rlan,
stock, stock ortions, thrift savings rlan, medicill insurance benefits, life insurance benefits,
and the like, Acknowledging that she is aware of such assets or benefits, Wife hereby
waives, releases, and quit-claims any interest in or claim to or against such assets,
confirming them to be the sole and serarate rroperty of Husband hereafter, free of any
claim by Wife,
9, The parties acknowledge that Wife owns a condominium unit in Nashville,
Tennessee, which said unit is encumbered by a mortgage or other debt owed to
Wife agrees that she shall, within thirty (30) days of the date of
his agreement, transfer, grant, sell, convey, and assign unto Husband all of her right, title,
and interest in and to said condominium unit by making, executing, acknowledging, and
LeliVering any documents necessary to make such transfer to Husband and delivering those
documents to him or his attorney within thirty (30) days of the date of this agreement. In
exchange therefor, Husband agrees that he shall pay, in accordance with its terms, the
ebt which encumbers the said condominium and shall indemnify and save Wife harmless
from any loss, cost, or expense caused to her by his failure to make such payment or to
[therwise perform the obligations of such debt.
10. Wife shall return to Husband, on or before 31 October 1998, the diamond
LarringS and the engagement ring which he gave to her during the marriage or prior to the
[arties' marriage,
11, The rarties acknowledge that they owe various credit obligations, including
redit card debts, Wife represents that she has not used those accounts or made any
harges on them after 1 May 1998. Husband agrees that he shall pay and satisfy those
bligations and cancel them or have Wife's name removed from them, within ninety (90)
ays of the date of this agreement. In the event that Husband does not make payment of
the debts within that time, he shall indemnify and save Wife harmless from any loss, cost,
r expense caused to her by his failure to do so,
6
12, Husband shall purclwse for the parties' son a bedroom set, comparable in
quality to the bedroom sot which Husband owned for his son, Thomas.
13. Husband acknowledges that he has made and executed a will which provides
20 percent of his estate to the parties' son, Taylor Michael Crabtree,
14. The parties hereto mutually agree that they have effected a satisfactory'
'division of the furniture, household furnishings, appliances, and other household and
ersonal property between them and they mutually agree that each party shall, from and
fter the date hereof, be the sole and separate owner of all such tangible personal property
resently in his or her possession, whether said property was heretofore owned jointly or
ndividually by the parties hereto, and this agreement shall have the effect of an assignment
e receipt from each party to the other for such property as may be in the individual
rossessions of each of the parties hereto, the effective date of said bill of sale to be
ontemporaneolls with the date of the execution of this Agreement,
15, Husband and Wife shall file a joint federal income tax return for 1998 and they
gree they shall divide equally between them any refund or any additional tax due as a
esult of the said return, The parties will cooperate with each other and with whoever
repares the return so the return can be filed promptly,
16, The parties acknowledge that they are aware of the income, education, income
otential, and assets and holdings of the other or have had full and ample opportunity to
ecome familiar with such items, Both parties acknowledge that they are able to support
nd maintain themselves comfortably, without contribution from the other except as
xpressly provided for in this Property Settlement Agreement, upon the income and assets
wned by each of them. The parties hereby accept the mutual covenants and terms of this
f-greement and the benefits and properties passed to them hereunder in lieu of any and all
tights to support or alimony for themself, counsel fees, and alimony pendente lite at this
rime and during any and all further or future actions of divorce brought by either of the
arties hereto and the parties do hereby remise, release, quit claim, and relinquish forever
ny and all of their said rights to support for themself, counsel fees, alimony, and alimony
7
pendente lite durinn the pendency of or as a result of any sllch actions, as provided by the
Divorce Code of Pennsylvania or any other applicable Stutllto, at this timn and at uny time
in the future,
17, The parties acknowledge that they me awme of the income, education, income
potential, and assets and holdings of the other or have had full and ample opportunity to
\~ecome familiar with such items. Both parties acknowledge that they are able to support
Itnd maintain themselves comfortably, without contribution from the other beyond that as
provided for in this Property Settlement Agreement, upon the income and assets owned by
I ach of them, The parties hereby accept the mutual covenants and terms of this
greement and the benefits and properties passed to them hereunder in lieu of any and all
urther rights to support or alimony for themself, counsel fees, and alimony pendente lite at
his time and during any and all further or future actions of divorce brought by either of the
arties hereto and the parties do hereby remise, release, quit claim, and relinquish forever
ny and all right to support, alimony, alimony pendente lite, counsel fees and expenses
eyond those provided for herein, during the pendency of or as a result of any such
ctions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at
his time and at any time in the future,
18, The parties acknowledge that each of them have had a full and ample
pportunity to consult with counsel of their choice regarding their claims arising out of the
arriage and divorce c.nd that they have specifically reviewed their rights to the equitable
istribution of marital property, including rights of discovery, the right to compel a filing of
n Inventory and Appraisement, and the right to have the court review the assets and
laims of the parties and decide them as part of the divorce action. Being aware of those
ights, and being aware of the marital property owned by each of the parties, the parties
ereto, in consideration of the other terms and provisions of this agreement, do hereby
I aive, release and quitclaim any further right to have this court or any other tribunal
quit ably distribute or divide their marital property and do hereby further waive, release and
uitclaim any and all claim against or interest in assets now currently in the possession or
B
/wld in the name of the ollwr, ,it IwinO their intention to accopt tlio terms and provisions of
l~hiS agreement in full salisfaclion of all of (lielr c1ainls to tlw marital property of the parties
[nd the equitable distribution of the same,
19. The parties hereby represent that they have agreed to the foregoing division or
istribution of property in an effort to resolve all disputes relating to their marital pro'perty
nd obligations and to make an equitable distribution of their marital property as
ontemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they
ave the doht to ask a court of appropriate jurisdiction to make equitable distribution of
heir marital property and to engage in formal litigation to have the court do so, Because of
I,he division or distribution of marital property to which they have agreed, as provided for in
~his Property Settlement Agreement, and knowing their rights to have the court equitably
istribute or divide their marital property following litigation by the parties, the parties
ereto do hereby waive and release any right to have the court make such equitable
istribution or for them to litigate any claims relating to equitable distribution in the divorce
ction contemplated by the parties,
20. Except as herein otherwise provided, each party hereto may dispose of his or
er property in any way, and each party hereby expressly waives and relinquishes any and
II rights he or she may now have or hereafter acquire, under the present or future laws of
ny jurisdiction, to share in the property or the estate of the other as a result of the marital
elationship, including, without limitation, the right to equitable division of marital property,
limony, alimony pendente lite, and counsel fees, except as provided for otherwise in this
greement, dower, courtesy, statutory allowance, widow's allowance, right to take in
ntestacy, right to take against the will of the other, and right to act as administrator or
xecutor of the other's estate, and each will, at the request of the other, execute,
cknowledge, and deliver any and all instruments which may be necessary or advisable to
arry into effect this mutual waiver and relinquishment of all such interests, rights, and
laims.
9
21. Husbnnd releases his inchoate intestnte riflhlS in the estnte of Wife and Wife
releases her inchonte intestnte riflhts in the estate of Husband. and each of the pnrties
hereto by these presents for himself or herself, his or her heirs, executors, administrntors,
r assigns, does remise, relense, quit c1oirn, and forever dischnrflo the other pmty hereto,
is or her heirs, executors, odministrntors, or ossigns, or ony of them, of ony ond oll'claims,
emands, damages, actions, couses of nction or suits of low or in equity, of whatsoever
ind or nature, for or because of nny matter or thing done, omitted, or suffered to be done
y such other party prior to the dote hereof; except that this release shall in no way
xonerate or discharge either party hereto from the obligotions and promises mode and
mposed by reason of this agreement and shall in no way offect any cause of action in
bsolute divorce which either party may have against the other.
22. The parties hereto mutually represent to the other than neither of them has
ncurred any debts in the name of the other not previously disclosed or provided for in this
greement, Each of the parties hereby represents to the other that neither one of them
ave incurred or contracted for debts in the name of the other or for which the other is or
auld be legally liable from and after the date of the parties' separation. Both parties
ereto mutually agree and promise that neither will contract or otherwise incur debts in the
ther's or joint names without the prior permission and consent of the other party hereto.
oth parties hereto represent and warrant to the other party that they have not so
ontracted any debts unbeknownst to the other up to the time and date of this Agreement.
23, The parties acknowledge that this agreement is made in contemplation of the
onclusion by both of them of an action in divorce which has been filed or will be filed
hortly by one of the parties hereto, Both of the parties hereto agree that they shall, upon
he request of Husband's attorney, execute and deliver to their respective attorney or
ttorneys, an Affidavit of Consent under Section 3301 lc) of the Divorce Code, consenting
o the entry of a final decree in divorce, and a Waiver of further notice for the entry of such
ecree. Both parties agree that they shall accept the terms and provisions of this
greement in full satisfaction of any claims they may have under the Divorce Code of the
10
Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente
lite, counsel fees, eQuitable distribution, and the like,
24. In the event thilt any of the provisions of this agreement are breached or
iolated by either of the parties, the other party shall be entitled to enforce this agreement
y an appropriate action in law or in eQuity or to tilke any other action to which they' are
awfully entitled to enforce this agreement or otherwise protect their rights, In the event
hat such action is commenced by one of the parties and the other party is found to have
reached or violated ilny of the terms and provisions of this agreement, the party having so
iolated or breached the agreement, shall be responsible for and shall promptly pay upon
emand the reasonable attorney's fees incurred by the other party to enforce their rights
ere under ,
25, This Agreement shall be interpreted, applied and enforced in accordance with
he laws of, and by the courts of, the Commonwealth of Pennsylvania.
26. If for any reason whatsoever any part of this Agreement shall be declared void
r invalid, only such part shall be deemed void and in all other respects this Agreement
hall remain valid and fully enforceable,
27. The waiver of any term, condition, clause, or provision of this Agreement shall
n no way be deemed or considered a waiver of any other term, condition, clause or
rovision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
nd year first above written.
itness
CYNTHIA A. CRABTREE
11
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RHODOM E. CRABTREE,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
CYNTHIA B. CRABTREE,
Defendant
98-6061 CIVIL TERM
IN DIVORCE
IN RE:
AGREEMENT
ORDER OF COURT
AND NOW, this 30th nay of December, 1998, this
matter having been called for a hearing on a petition to enforce
a monetary settlement agreement, and the parties having reached
an agreement which resolves all of the economic issues raised in
this divorce action, IT IS ORDERED:
1. The property settlement agreement dated
December 30, 1998, attached to this order is ratified as the
agreement of the parties with three modifications/clarifications
as follows:
(a) The payment of $30,000.00 pursuant to
paragraph 5 B shall bear interest commencing January I, 1999, at
the rate of 8 percent annum until paid.
(b) If the $30,000.00 with interest is not
paid in full by December 31 of 1999, the interest rate shall be
increased retroactively to June 1, 1999, at 10 percent, and the
debt will bear interest at that rate until paid in full.
(c) The date set out in paragraph 2 of the
agreement, which is the first date after which a party may seek
a modification of the child support payment, will be December
31, 2000, not october 31, 2000. Rhodom E. crabtree shall pay
the support as provided in Paragraph 2 through December J1,
2000. After that date either party may seek a modification.
(d) In addition to the economic terms and
payments provided for in the agreement, Rhodom E. Crabtree shall
pay to cynthia A. ~~~~tree, as alimony, the sum of $450.00 per
month for 4B consecutive months, commencing January I, 1999.
The term of that alimony payment shall end at the expiration of
4B months or sooner upon (1) the death of either party or (2)
the cohabitation of cynthia A. Crabtree or (J) the remarriage of
Cynthia A. Crabtree. The payment shall be treated by both
parties as alimony for income tax purposes.
(e) Rhodom E. Crabtree shall pay for and
designate Cynthia A. Crabtree as a beneficiary of insurance on
his life in a sum sufficient to pay the remaining balance of the
alimony payments over the entire 4B months' term and shall
maintain her as beneficiary in that declining amount until such
time as the alimony terminates.
2. With these mOdifications/clarifications, the
property settlement agreement dated December 30, 199B, is
adopted by the Court as resolving all issues raised or
potentially raised in this divorce action. The only matters
remaining between the parties other than the enforcement of that
agreement, should enforcement become necessary, are issues
relating to child custody and child support.
3. This order is made in the contemplation
that both parties will execute and file by the end of January of
1999, an affidavit of consent and waiver so that a divorce can
be concluded shortly thereafter. Both parties shall cooperate
with their attorneys in concluding the divorce at the time.
By the Court,
,
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1/
'-4C<I j !Au
Edgar B. Bayley, J.
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Counsel for the Defendant
'"
./
John Connelly, Esquire
P.O. Box 650
Hershey PA, 17033
Counsel for Defendant
c'up,,,,s ,I.-\Q-...Q,-c-L 12-j3>II'1t, - L-ICT.
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PROPERTYSEU~EMENLAGRE[:MENT
THIS AGREEMENT, mnde this - },(l day of \... ' , " ,\, I \. 1998, is by nnd
between:
RHODOM E. CRABTREE, of 3806 Dorset Drive, Mechanicsburg, Pennsylvania,
17055, party of the first part, hereinnfter referred to as "Husband"; nnd
CYNTHIA A. CRABTREE, of 12 Pisgah View Drive, Etowah, North Carolina, 28729,
party of the second part, hereinafter referred to as "Wife,"
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 1
September 1996 and are the parents of one minor child: Taylor Michael Crabtree, born 8
October 1997 (hereinafter referred to as "child"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has
initiated or plans to shortly initiate an action in divorce against Wife; and
WHEREAS, the parties hereto, Wife being represented by John J, Connelly, Jr.,
Esquire, and Husband by Samuel L, Andes, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their respective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
IdiVision of their assets, the provision for their child and for their rights and responsibilities
lin and toward such child, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
IfPportunity to consult with their respective attorneys, and the parties now wish to have
hat agreement reduced to writing,
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
~aluable considerations, and intending to be legally bound and to legally bind their heirs,
!I
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Ilsuccessors. nssigns, nnd pcrsonnl representatives, do hereby coverwnl. promise, nnd ngree
Ilns follows: .
, 1. The parties hereto me nlso pmties to n child custody nction pending before the
,Court of Common Plens of Cumberland County, Pennsylvania, filed to No. 98-3527 Civil
I ,
Lerm, The parties acknowledge that they hnve renched agreement for a temporary custody
rChedule in that action nnd thnt their custody arrangements will Iwve to be modified, from
[ime to time, in the future depending upon their living arrnngements and their determination
of what is in the best interests of their child and of Husband's two children by a prior
Imarriage, Accordingly, the parties make no provision in this agreement for the physical
fustodY of their son, Taylor Michael Crabtree, and agree to resolve that matter either by
mutual agreement in the future or by litigation before the appropriate court or courts of
lappropriate jurisdiction in the future if they cannot reach such agreement. The parties do
I
lagree, however, that they enter into this agreement knowing that Wife plans to relocate,
iWith the child in her primary physical custody, to North Carolina, and that such relocation
jhall not, alone, constitute a basis to change the physical custody arrangements which
,hey have made by agreement up to this time, Otherwise. each of the parties reserves
~unto themselves all of their rights. claims, and defenses regarding issues in such custody
atter, Notwithstanding the above, the parties agree that Husband and Wife shall share
egal custody of the child, as the term "legal custody" is defined by the Pennsylvania Joint
~custOdY and Grandparents Visitation Act, which shall include, but not be limited to, the
ight to make decisions regarding the health, religious training, and education of the child.
he parties agree that they shall cooperate with each other in exchanging information
about the child and in making themselves available for consultation and decision-making
~egarding the child and each of them does hereby authorize any person, agency, or entity
raVing information regarding the child's health, medical treatment or care, religious training,
rnd education or schooling, to make such information available to the other party hereto.
J1 he parties further agree that, in the event an emergency arises which requires an
mmediate decision by one of them and the other party is not present, either party is
I
il
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,
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!liluthorilCd to milke decisions regmding the medical treatment and care without the
II
'Iconsultation with or consent of tho other, Wife does hereby further iluthorize any
IphYSiCian or hospital attending the child, or any school in which he is enrolled or at which
Ihe pursues his educiltion, to release and disclose to Husband any and all information
Iregarding the child, of which said authorization a copy of this agreement shall be full and
ladeqUate proof. Husband does hereby further authorize any physician or hospital attending
rhe child, or any school in which he is enrolled or at which he pursues his education, to
Clease and disclose to Wife any and all information regarding the child, of which said
authorization a copy of this agreement shall be full and adequate proof.
2, Husband shall pay to Wife, in satisfaction of his obligation to contribute to the
ifinancial support of the parties' son, Taylor Michael Crabtree, the sum of Six Hundred
Seventy 1$670,00) Dollars per month, commencing on the date that Wife first filed for
IChild support with the Domestic Relations Off,ice ot ~umberland County, Pennsylvania, and (I~
I ~,~'-.j.'-..,.
rontinUing, without modification, through 31 Octe98r 2000. The parties will calculate any . '
arrearage due under this obligation as of the date this agreement is signed and Husband
bhall make payment of such arrearage within thirty (30) days of the date of this agreement.
I
rife acknowledges that she is aware of Husband's earnings and earning capacity and his
Flans to change job assignment which may result in a change of his income and his living
expenses, In addition to the cash support payments provided for herein, Husband shall
reimburse Wife fifty (50%) percent of the reasonable daycare expenses she incurs for the
fhild as a result of Wife's employment, Wife shall submit verification of such expenses to
rUSband on a monthly basis and Husband shall reimburse Wife his one-half share of those
expenses within thirty (30) days thereafter, In addition, Husband shall pay one hundred
I
(100%) percent of all of the child's unreimbursed medical expenses until such time as Wife
lis employed, After Wife is employed, the parties shall divide the unreimbursed/o.,medip,al
,I ~ J ~,,~/\..
iFxpenses equally between them, Wife agrees that she shall not, prior to ~ Oeteber 2000,
file any action or make any request for an increase in the amount of support and Husband
~grees that, during the same period, so long as the parties' son remains in the primary
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I physical custody of Wife, he shilll not file illl ilctlon or nwke any request to reduce the
iiamount of support due hereunder. Both pilrtlUs iloree to he contractually bound by the
Iterms of this Paragraph 2 of this aureelllent with reUilrd to the child support and their
agreement not to seek any modification thereof for a period of two years, After such two
~ear period, however, neither of the parties shall be contractually bound by the support
provisions of this agreement and they will enter into il new agreement on the subject of
rupport and. if they cannot reach agreement. either of the parties shall be free to seck an
order from a court of appropriate juriSdiction ilnd, in the event of such subsequent
lagreement or subsequent order of court. the terms and pro'/isions of such subsequent
lagreement or subsequent order of court shilll supplant and replace entirely the support
I .. f I'
rrovlslons 0 t liS agreement.
3, Wife covenants and agrees to convey to Husband, as his sole and separate
property, the real estate presently owned by the parties hereto as tenants by the entireties
~nd being known as 3806 Dorset Drive. Mechilnicsburg, Pennsylvania, subject, however.
I
iO all liens, encumbrances, easements, and restrictions presently existing thereon, In
iurtherance of this Agreement, Wife represents that she has, as of the date of this
rgreement, executed, acknowledged, and delivered to her attorney, a deed to said real
etate, conveying the same as above described to Husband, and agrees that said deed shall
[e delivered by her attorney to Husband's attorney immediately upon the execution of this
rgreement.
I 4. In consideration of the conveyance of real estate as above described, Husband
rerebY covenants and agrees to assume and pay in full the remaining balance of the
fortgage now existing and presently constituting a lien upon and encumbering the same
remises, in accordance with the terms and provisions of the mortgage, such mortgage
eing owed and payable to , and Husband further agrees and
Fovenants that he will indemnify and save Wife harmless from any and all liability, expense,
cost, or loss whatsoever as a result of his non-payment of or non-performance of said
kortgage and said mortgage conditions,
,1
I 5. Husband shall pay to Wife, ilS part of the equitable distribution of the marital
'assets of the parties, the following sums of money:
A, The sum of Three Thousand ($3,000,00) Dollars at or prior to the
execution and delivery of this agreement and Wife hereby acknowledges
receipt of same.
B, The sum of Thirty Thousand ($30.000,00) Dollars, which
represents the amount the parties have agreed Husband shall pay for Wife's
equity in the marital residence, said sum. without interest. shall be paid on or
before 30 June 1999. As long as the payment is made by 31 December
1999, no interest shall be due on the payment but, if the payment is not made
on or before 31 December 1999, Husband shall pay Wife interest on the
unpaid principal balance at the rate of ten (10%) percent per annum effective
1 July 1999 and continuing until such time as the full principal balance has
been paid,
6. Husband shall. on or before 31 October 1998, purchase for Wife, and title in
t ife's individual name, a 1998 Honda Civic LX automobile which shall be new and shall
ot have been previously titled in any other party's name.
7. The parties acknowledge that Husband, as a result of his employment with Rite-
id Corporation, owns options on 1,500 shares of Rite-Aid stock which were issued to him
n November of 1997 and which are exercisable by him prior to 30 November 2001, The
arties agree that, if Husband exercises those options and, as a result, realizes and receives
cash profit from them. he shall pay to Wife, on or before 30 November 2001, one-half of
he cash profit he actually realizes and receives from those options. Each of the parties
hall be responsible to pay any and all income and other taxes imposed upon the profits
(rom those options at the time that the distribution is made and received by each of them
rnd each of the parties will indemnify and save the other harmless on such tax liability or
bligation,
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8, The pmties ucknowledge that Husband hus other benefits uS iI result of his
employment by Rite,Aid Corporution which may include u 401 (kl plan, a retirement plun,
Ilstock, stock options, thrift savings plun, medical insurunce benefits, life insurance benefits,
und the like, Acknowledging tlwt she IS uWure of such ussets or benefits, Wile hereby
waives, releuses, and quit-claims uny interest in or cluim to or ugainst such ussets,
ronfirming them to be the sole und sepmute property of Husbund hereufter, free of uny
claim by Wife,
9, The pmties acknowledge thut Wife owns u condominium unit in Nashville,
Tennessee, which said unit is encumbered by u mortguge or other debt owed to
Wife agrees thut she shall, within thirty (30) days 01 the date of
'this ugreement, trunsfer, grunt, sell, convey, and assign unto Husband all 01 her right, title,
and interest in and to said condominium unit by making, executing, acknowledging, and
delivering any documents necessary to make such transfer to Husband and delivering those
Idocuments to him or his attorney within thirty (30) days of the date of this agreement. In
\exchange therefor, Husband agrees that he shall pay, in accordance with its terms, the
febt which encumbers the said condominium and shall indemnify and save Wife harmless
irom any loss, cost, or expense caused to her by his failure to make such payment or to
otherwise perform the obligations of such debt.
10. Wife shall return to Husband, on or before 31 October 1998, the diamond
,earrings and the engagement ring which he gave to her during the marriage or prior to the
I " '
rartles marriage.
11. The parties acknowledge that they owe various credit obligations, including
rredit card debts. Wife represents that she has not used those accounts or made any
rhargeS on them after 1 May 1998. Husbund agrees that he shall pay and satisfy those
fbligations and cancel them or have Wife's name removed from them, within ninety (90)
days of the date of this agreement. In the event that Husband does not make payment of
,
Ilhe debts within that time, he shall indemnify and save Wife harmless from any loss, cost,
or expense caused to her by his failure to do so,
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12, Husband shall purchase for the parties' son a bedroom set, comparable in
quality to the bedroom set which Husband owned for his son, Thomas,
13. Husband acknowledges that he has made and executed a will which provides
20 percent of his estate to the parties' son, Taylor Michael Crabtree,
14. The parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, and other household and
Ipersonal property between them and they mutually agree that each party shall, from and
rfter the date hereof. be the sole and separate owner of all such tangible personal property
presently in his or her possession, whether said property was heretofore owned jointly or
1ndiVidUallY by the parties hereto, and this agreement shall have the effect of an assignment
or receipt from each party to the other for such property as may be in the individual
tossessions of each of the parties hereto. the effective date of said bill of sale to be
contemporaneous with the date of the execution of this Agreement.
[ 15, Husband and Wife shall file a joint federal income tax return for 1998 and they
gree they shall divide equally between them any refund or any additional tax due as a
result of the said return, The parties will cooperate with each other and with whoever
repares the return so the return can be filed promptly,
16, The parties acknowledge that they are aware of the income, education, income
otential, and assets and holdings of the other or have had full and ample opportunity to
ecome familiar with such items, Both parties acknowledge that they are able to support
jnd maintain themselves comfortably, without contribution from the other except as
expressly provided for in this Property Settlement Agreement, upon the income and assets
twned by each of them, The parties hereby accept the mutual covenants and terms of this
r:greement and the benefits and properties passed to them hereunder in lieu of any and all
ights to support or alimony for themself, counsel fees, and alimony pendente lite at this
ime and during any and all further or future actions of divorce brought by either of the
arties hereto and the parties do hereby rem;se, release, quit claim, and relinquish forever
ny and all of their said rights to support for themself, counsel fees, alimony, and alimony
"
pendente lite during the pendency of or as a r"SlJIt of any such actions. ilS provided by the
Divorce Code of Pennsylvilnlil or any other applicable statute, al thiS time ilnd at ilny time
in the future,
17. The parties acknowledge that they are aWilrC of the income. education, income
potential, and assets and holdings of 1I',e other or have had full and ample opportunity to
become familiar with such items, Both parties acknowledge that they are able to support
land maintain themselves comfortably. without contribution from the other beyond that as
provided for in this Property Settlement Agreement, upon the income and assets owned by
I ach of them, The parties hereby accept the mutual covenants and terms of this
greement and the benefits and properties passed to them hereunder in lieu of any and all
urther rights to support or alimony for themself, counsel fees, and alimony pendente lite at
his time and during any and all further or future actions of divorce brought by either of the
arties hereto and the parties do hereby remise, release, quit claim, and relinquish forever
ny and all right to support, alimony, alimony pendente lite. counsel fees and expenses
eyond those provided for herein, during the pendency of or as a result of any such
ctions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at
his time and at any time in the future,
18, The parties acknowledge that each of them have had a full and ample
pportunity to consult with counsel of their choice regarding their claims arising out of the
arriage and divorce and that they have specifically reviewed their rights to the equitable
distribution of marital property, including rights of discovery, the right to compel a filing of
rn Inventory and Appraisement, and the right to have the court review the assets and
laims of the parties and decide them as part of the divorce action. Being aware of those
ights, and being aware of the marital property owned by each of the parties, the parties
ereto, in consideration of the other terms and provisions of this agreement, do hereby
I aive, release and quitclaim any further right to have this court or any other tribunal
quitably distribute or divide their marital properly and do hereby further waive, release and
uitclaim any and all claim against or interest in assets now currently in the possession or
8
1\
tOld in tho nmno of Iho othor, ,it hOIllO their Intention to accept tho terms and provisions of
IthiS agroomont III full satlsfnctlon of all of tlwlr c1allllS 10 the Il\nrllill property of tho partlos
nnd tho oquitnble distribution of the snll1e,
19, The pnrties horeby reprosent that they havo ngreod to tho foregoing division or
distribution of property in an effort to resolve nil disputes minting to their mnritnl property
tnd obligations nnd to mnke nn oquitnblo distribution 01 thoir maritnl proporty ns
fontemPlated by the Divorce Code of Pennsylvanin. The pm ties acknowledge that they
rave the right to ask a court of approprinte jurisdiction to make equitable distribution of
their marital property and to engnge in formal litigation to have the court do so. Because of
~he division or distribution of marital property to which they have agreed, as provided for in
this Property Settlement Agreement, and knowing their rights to have the court equitably
I istribute or divide their marital property following litigation by the parties, the parties
ereto do hereby waive and release any right to have the court make such equitable
istribution or for them to litigate any claims relating to equitable distribution in the divorce
ction contemplated by the parties,
20, Except as herein otherwise provided, each party hereto may dispose of his or
er property in any way, and each party hereby expressly waives and relinquishes any and
II rights he or she may now have or hereafter acquire, under the present or future laws of
ny jurisdiction, to share in the property or the estate of the other as a result of the marital
[elationshiP, including, without limitation, the right to equitable division of marital property,
i-Iimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this
greement, dower, courtesy, statutory allowance, widow's allowance, right to take in
ntestacy, right to take against the will of the other, and right to act as administrator or
xecutor of the other's estate, and each will, at the request of the other, execute,
cknowledge, and deliver any and all instruments which mny be necessary or advisable to
Farry into effect this mutual waiver and relinquishment of all such interests, rights, and
laims,
9
I 21, HllsiJilnd releases 11I~; 11lI:hoalu IIllu~;lale f1'lhl~; "' 1I1() ()stalu of Will' iI/HI Wife
rclenses hor inchoate intestate IICJhb III IllU us tatI' 01 1 hdlalld, ancl oach of Ilw parties
I .
horoto by these presenls for himself or 'wrsell, 1115 or her hUlrs, executors. admllllstrators,
lor assigns, does remiso, roloilso, quit claim, ilfHI forever dlschmge tho othor pilrty hereto,
I
is or her hoirs, executors, administrators, or assigns, or any of them, of nny and all claims,
emands, damages. actions, causes of action or suits of law or in equity, of whntsoover
ind or nature, for or because of any matter or thing done, omitted, or suffered to be done
y such other party prior to the date hereof; except that this release shall in no way
exonerate or discharge either party hereto from the obligations and promisos made and
mposed by reason of this agreement and shall in no way affect any cause of action in
bsolute divorce which either party may have against the other.
22, The parties hereto mutually represent to the other than neither of them has
ncurred any debts in the name of the other not previously disclosed or provided for in this
greement. Each of the parties hereby represents to the other that neither one of them
ave incurred or contracted for debts in the name of the other or for which the other is or
auld be legally liable from and after the date of the parties' separation, Both parties
ereto mutually agree and promise that neither will contract or otherwise incur debts in the
ther's or joint names without the prior permission and consent of the other party hereto.
oth parties hereto represent and warrant to the other party that they have not so
ontracted any debts unbeknownst to the other up to the time and date of this Agreement.
23, The parties acknowledge that this agreement is made in contemplation of the
onclusion by both of them of an action in divorce which has been filed or will be filed
hortly by one of the parties hereto, Both of the parties hereto agree that they shall, upon
he request of Husband's attorney, execute and deliver to their respective attorney or
ttorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting
o the entry of a final decree in divorce, and a Waiver of further notice for the entry of such
ecree, Both parties agree that they shall accept the terms and provisions of this
greement in full satisfaction of any claims they may have under the Divorce Code of the
10
Commonwealth of Pennsylvania, 1I1Cludlll(J, hut not 11I\lIt"d to, alllllony, alllllollY pendente
lite, counsel fees, equitable d,strlhtltIOIl, ilnd till: Ilk",
24. In the event that any of the provisions 01 tllI~; a(JwUlo"nt we breached or
ioluted by either of the purties, the other party shall he entitled to enforce this ugreement
y un appropriute action in luw or in equity or to tuke any other action to which they me
IlaWfUIlY entitled to enforce this agreement or otherwise protect their rights, In the event
~hut such uction is commenced by one of the parties and the other puny is found to have
reuched or violated any of the terms and provisions of this ugreement, the party huving so
iolated or breached the agreement, shull be responsible for und shull promptly puy upon
emand the reasonable attorney's fees incurred by the other party to enforce their rights
ereunder.
25. This Agreement shall be interpreted, applied und enforced in accordance with
he laws of, and by the courts of. the Commonwealth 01 Pennsylvania,
26. If for any reason whatsoever any part of this Agreement shall be declared void
r invalid, only such part shall be deemed void and in all other respects this Agreement
hall remain valid and fully enforceable,
27. The waiver of any term, condition, clause, or provision of this Agreement shall
n no way be deemed or considered a waiver of any other term, condition, clause or
rovision of this Agreement,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
nd year first above written.
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RHODOM E, CRABTREE .
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CYNT A A, CRABTREE
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11