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CYNTHIA L. DEGEORGE.
Plaintiff
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Versus
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ANTHONY R. CRAYTON.
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Defendant
DECREE IN
DIVORCE
AND NOW, ......... .1~",4<y..... 1.~.., 20. 9!-.., it is ordered and
decreed that.... .~Y!l.1::l].~:'l. .~:. P.~q~?.r.<;f~....................., plaintiff,
and. .. ..~~~?o.~~. ~... . ?~.ax~?? .. .. .. .. . . .. .. .. .. .. .. .. . . .. ", 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 entered;
Tl1e terms of the part.i.e.E!:. ?~,?:p~.r.~:y. ?~~~~.e.II!~~.t. .~9~.e.E!I!l~p..l::...,
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dated November 10. 2000. are incorporated herein but not _
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herewith.
C..o...u;;/L
Attest: /1
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Prothonotary
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PROPERTY SETTLEMENT AGREEMENT
BETWEEN
CYNTHIA L. DEGEORGE
AND
ANTHONY R. CRAYTON
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INDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
CYNTHIA L. DEGEORGE AND ANTHONY R. CRAYTON
.
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October 16, 2000
,
SUBJECT PAGE NUMBER
1.
2 .
3 .
4.
5 .
6 .
7.
8 .
9 .
10.
11.
12.
13 .
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
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Separation
Interference
Agreement Not A Bar to Divorce Proceedings
Subsequent Divorce .
Incorporation in Divorce Decree
Effective Date .
Distribution Date
Mutual Release .
Advice of Counsel
Warranty as to Existing Obligations
Warrant as to Future Obligations
Debt of the Parties
Personal Property
Division of Real Property
Division of Bank Accounts
Distribution of Individual Retirement Accounts
Pensions, Annuities and/or Retirement Benefits
Miscellaneous Assets .
Motor Vehicles .
After-Acquired Property
Payment to Husband .
Income Tax Prior Returns
Applicability of Tax Law to Property Transfers
Waiver of Alimony
Effect of Divorce Decree
Breach
Waiver of Claims .
Entire Agreement .
Financial Disclosure
Agreement Binding on Heirs
Additional Instruments .
Void Clauses .
Independent Separate Covenants
Modification and Waiver .
Descriptive Headings
Applicable Law .
2
3
3
3
5
5
5
6
7
8
8
9
9
10
11
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
19
19
19
19
20
20
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this -10+h
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day of Oeteaer 2000, by
and between Cynthia L. DeGeorge, of Mechanicsburg, Cumberland
County, Pennsylvania (hereinafter referred to as "WIFE") and
Anthony R. Crayton, of Carlisle, Cumberland County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on July 8, 1991, in
Rockville, Maryland and;
WHEREAS, no children have been born of this marriage.
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other, including, without limitation by
specification: the settling of all matters between them relating
to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the
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past, present, and future support, alimony, and/or, maintenance
of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound hereby covenant and
agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each
other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart.
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2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party
shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, or in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that
WIFE has filed a Complaint in Divorce in Cumberland County,
claiming that the marriage is irretrievably broken under Section
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3301(c)of the Pennsylvania Divorce Code. HUSBAND hereby expresses
his agreement that the marriage is irretrievably broken and
expresses his intent to execute any and all Affidavits, Waivers,
or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code
when the requisite time frame has expired. The parties hereby
waive all rights to request court ordered counseling under the
Divorce Code. It is further specifically understood and agreed by
the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code.
should a decree, judgment, or order of divorce be obtained
by either of the parties in this or any other state, country, or
jurisdiction, each of the parties hereby consents and agrees
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgment, order or further modification or revision
thereof shall alter, amend, or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It is
the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive
upon the parties.
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5. INCORPORATION IN DIVORCE DECREE: It is further agreed,
covenanted, and stipulated that this Agreement, or the essential
parts hereof, shall be incorporated in any decree hereinafter
entered by any court of competent jurisdiction in any divorce
proceedings that have been or may be instituted by the parties
for the purpose of enforcing the contractual obligations of the
parties. This Agreement shall not be merged in any such decree
but shall in all respects survive the same and be forever binding
and conclusive upon the parties.
6. EFFECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement an the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing
this Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds,
and/or, documents provided for herein, shall only take place on
the "distribution date," which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
However, the support and/or alimony payments, if any, provided
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for in this Agreement shall take effect as set forth in this
Agreement.
8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim, and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth, or territory of the
united states, or (c) any country or any rights which either
party may have or at any time hereafter shall have for past,
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present, or future support or maintenance, alimony, alimony
pendente lite, counsel fees, division of property, costs or
expenses, whether arising as a result of the marital relationship
or otherwise, except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof. It is the
intention of HUSBAND and WIFE to give each other by the execution
of this Agreement a full, complete, and general release with
respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is
further agreed this Agreement shall be and shall constitute a
full and final resolution of any and all claims which each of the
parties may have against the other for equitable division of
property, alimony, counsel fees and expenses, alimony pendente
lite, or any other claims pursuant to the Pennsylvania Divorce
Code or the divorce laws of any other jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel, MARIA P. COGNETTI, Esquire, for WIFE,
and MURREL R. WALTERS, III, Esquire, for HUSBAND. HUSBAND and
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WIFE acknowledge this Agreement is not the result of any duress
or undue influence and it is not the result of any collusion or
improper or illegal agreement or agreements.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities, or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent, and agree that, with the exception
of the obligations set forth in this Agreement, neither of them
shall hereafter incur any liability whatsoever for which the
estate of the other may be liable. Each party shall indemnify and
hold harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
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12. DEBT OF THE PARTIES: WIFE agrees to pay and to be
solely responsible for the debt owed on Visa Account No. 4118
1601 5512 0341. WIFE agrees to indemnify and hold HUSBAND
harmless from any and all liability associated with said debt.
13. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under the control of the
other. should it become necessary, the parties each agree, upon
request, to sign any titles or documents necessary to give effect
to this paragraph.
By these presents, each of the parties hereby specifically
waives, releases, renounces, and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the possession of the other, and which shall become the sole
and separate property of the other from the date of execution
hereof.
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14. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer
all his right, title, and interest in and to the real estate
situated at 711 Charles Street, Mechanicsburg, Cumberland County,
pennsylvania, now titled in the name of HUSBAND and WIFE as
tenants by the entireties, to WIFE and agrees to immediately
execute now and in the future any and all deeds, documents or
papers necessary to effect such transfer of title upon request.
HUSBAND further acknowledges that he has no claim, right,
interest or title whatsoever in said property and further agrees
never to assert any claim to said property in the future.
HUSBAND agrees to execute a deed conveying his interest to WIFE,
said deed to be delivered to WIFE's attorney pursuant to the
provisions of paragraph 21 herein.
WIFE hereby covenants and agrees to assume and to pay in
full the remaining balance of the mortgage now existing and
presently constituting a lien upon and encumbering the same
premises, such mortgage being owed and payable to Chase Manhatten
Bank, and further covenants and agrees that she will indemnify
and save HUSBAND harmless from any and all liability, expense,
cost, or loss whatsoever as a result of her non-payment of or
non-performance of said mortgage and said mortgage conditions.
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15. DIVISION OF BANK ACCOUNTS: The parties agree that the
Price Waterhouse Account No. 43802168 presently held jointly by
the parties, shall become the sole and exclusive property of
HUSBAND, and the GIT Account No.50360-4 held in the name of WIFE,
shall become the sole and exclusive property of the WIFE upon the
entry of a final Decree in Divorce. The parties acknowledge they
have no further claim or interest in said accounts of the other
and agree that each will not assert any such claim in the future.
16. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WIFE
hereby acknowledges and agrees that HUSBAND shall receive, as his
separate property, free and clear from any claim, right, title,
or interest on the part of WIFE, her Individual Retirement
Account with Ameritrade, Account No. 17907709. WIFE hereby
acknowledges that she has no further claim, right, title or
interest whatsoever in said Individual Retirement Account, and
further agrees never to assert any claim to this asset in the
future.
17. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE
agrees that any monies which HUSBAND has acquired through his
interests in either pensions, profit sharing, savings and thrift
plans, annuities, and/or, retirement benefits through his present
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or past employers shall remain his sole and exclusive property.
WlFE waives any interest she may have in such property and
further agrees that she will not assert any such claim in the
future.
HUSBAND agrees that any monies which WIFE has acquired
through her interests in either pensions, profit sharing, savings
and thrift plans, annuities, and/or, retirement benefits through
her present or past employer shall remain her sole and exclusive
property. HUSBAND waives any interest he may have in such
property and further agrees that he will not assert any such
claim in the future.
18. MISCELLANEOUS ASSETS: All other assets not
specifically enumerated herein shall remain the sole and
exclusive property of the party currently in possession of same.
The non-custodial party waives all right, title and interest in
the property in the possession of the other party.
19. MOTOR VEHICLES: With respect to the motor vehicles
owned by one or both of the parties, they agree as follows:
(al The 1998 VW Passat shall be and remain the sole and
exclusive property of WIFE;
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(b) The 1991 Jaguar XJS shall be and remain the sole and
exclusive property of HUSBAND.
The titles to the said motor vehicles shall be executed by
the parties, if appropriate for affecting transfer as herein
provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution date. Each party agrees to be solely responsible for
the amounts presently due and owing against his or her respective
automobile.
20. AFTER-ACOUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes,
as though he or she were unmarried.
21. PAYMENT TO HUSBAND: In consideration of the above
transfers WIFE hereby agrees to pay HUSBAND the sum of
$200,000.00 on or before ninety (90) days from the execution date
of this Agreement. HUSBAND shall provide WIFE a fully executed
deed to the real estate referred to in paragraph 14 herein in
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exchange for receiving said $200,000.00 payment from WIFE.
HUSBAND's counsel agrees to prepare the deed to the said real
estate.
22. INCOME TAX PRIOR RETURNS: The parties have heretofore
filed joint Federal and state tax returns. Both parties agree
that in the event any deficiency in Federal, state, or local
income tax is proposed, or any assessment of any such tax is made
against either of them, each party will indemnify and hold
harmless the other from and against any loss or liability for any
such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the
individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
-14-
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any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present, and future. The parties release and
discharge the other absolutely and forever for the rest of their
lives from all claims and demands, past, present, or future, for
alimony, alimony pendente lite, or for any provision for support
or maintenance, except as specifically provided for herein. The
parties further acknowledge that in consideration of the
transfers made herein each completely waives and relinquishes any
and all claims, and/or, demands they may now have or hereafter
have against the other for alimony, alimony pendente lite,
spousal support, and counsel fees, except as specifically
provided for herein.
25. EFFECT OF DIVORCE DECREE: The parties agree that except
as otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final
Decree in Divorce may be entered with respect to the parties.
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26. BREACH: If either party breaches any provision of this
Agreement, the other party 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 shall be responsible for payment of
reasonable legal fees and costs incurred by the other in
enforcing their rights under this Agreement.
27. WAIVER OF CLAIMS: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present and
future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without limitation, dower, curtesy, statutory
allowance, widow's allowance, widower's allowance, right to take
in intestacy, right to take against the Will of the other, and
the right to act as administrator or executor of the other's
estate. Each party will, at the request of the other party,
execute, acknowledge, and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of all such interests, rights, and
claims.
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28. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants, or undertakings other than those expressly
set forth herein.
29. FINANCIAL DISCLOSURE: Each of the parties hereto
acknowledges that he or she is aware of his or her right to
engage in discovery, including, but not limited to, written
interrogatories, motions for production of documents, the taking
of oral depositions, the filing of inventories and appraisements,
and all other means of discovery permitted under the Pennsylvania
Divorce Code or the Pennsylvania Rules of civil Procedure and
each of the parties specifically waives his or her right to
engage in any further discovery than has heretofore been
conducted. Each of the parties further acknowledges that he or
she is aware of, and specifically waives, his or her right to
have the real, and/or, personal property, estate and assets,
earnings and income of the other party assessed or evaluated by
the courts of this Commonwealth or any other court of competent
jurisdiction. The respective parties do hereby acknowledge,
recognize and accept that there has been disclosure to the other
party of his or her assets and liabilities, and each party agrees
that any right to further disclosure, valuation, enumeration or
statement thereof in this Agreement is hereby specifically
-17-
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waived, and the parties do not wish to make or append hereto any
further enumeration or statement. The parties hereby acknowledge
and agree that the division of the marital assets as set forth in
this agreement is considered fair, reasonable, and equitable, and
is satisfactory to them. Each of the parties hereto further
covenants and agrees for himself or herself and his or her heirs,
executors, administrators and assigns, that he or she will never
at any time hereafter sue the other party or his or her heirs,
executors, administrators or assigns in any action of contention,
direct or indirect, and allege therein that there was a denial of
any rights to full disclosure, or that there was any duress, or
undue influence, or that there was a failure to have available
full, proper, and independent representation by legal counsel.
Each party does hereby waive any right that he or she might have
under the Pennsylvania Divorce Code to seek to impose a trust on
any asset not disclosed or because the other party failed to file
an inventory and appraisement with the exception of disclosure
that may have been fraudulently withheld.
30. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors,
and assigns.
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31. ADDITIONAL INSTRUMENTS: Each of the parties shall from
time to time, at the request of the other party, execute,
acknowledge, and deliver to the other party any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
32. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect, and operation.
33. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
Agreement.
34. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
-19-
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be construed as a waiver of any subsequent defaults of the same
or similar nature.
35. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no affect
whatsoever in determining the rights or obligations of the
parties.
36. APPLICABLE LAW: This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the date and year first above written.
WITNESS
~~rf.or
CY HIA DEGEORG
(SEAL)
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (!'().tn~/ o.fl.J
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On this, the ~ day of NO{f(;(})UJUL ,2000, before me,
a Notary Public, the undersigned officer, personally appeared
Cynthia L. DeGeorge, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
N
Notarial Saal
Karan A. Sheriff, Notary Public
Harrisburg, Dauphin County
My Commission Expires March 9, 2002
Member, PennsyNania As5CCla\\on.! Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cu.m~
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)
On this, the fo'f+-. day of !UoIJunUer ,2000, before me,
a Notary Public, the undersigned officer, personally appeared
Anthony R. Crayton, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
D~M.~
Notary Public
Notarial Seal
Diane M. Smith, Notary Public
Mechanlcsbu'\l Boro, Cumberland County
My Commission Expires June 22, 2004
-21-
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attomeys for Plaintiff
CYNTHIA 1. DEGEORGE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-6059 CIVIL
ANTHONYR. CRAYTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under ~ 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted by the
Defendant's attorney, MURRELL R. WALTERS, III, on the 18TH day of September, 2000.
3. Date of execution of the AffidavitofConsent required by ~ 3301(c) of the
Divorce Code: by Cynthia 1. DeGeorge, Plaintiff, on January 2, 2001; and by Anthony R.
Crayton, Defendant, on January 2, 2001.
4. Related claims pending: Settled by Agreement dated November 10, 2000.
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5. (Complete either (a) or (b).)
(a) Date and manner of service of the Notice ofIntention to File Praecipe to
Transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the
Prothonotary: Filed simultaneously herewith.
Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the
Prothonotary: Filed simultaneously herewith.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: January 3, 2001
By:
MARIA P. COG TI, ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
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CYNTHIA 1. DEGEORGE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. fJ1J ~ h 0.j1
~
ANTHONY R. CRAYTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree of Divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary at the 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 THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717)763-1383
Attornevs for Plaintiff
CYNTHIA 1. DEGEORGE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tnJ .t-.OJ-9 (!..;;J ~
ANTHONY R. CRAYTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Cynthia 1. DeGeorge, who has resided at 711 Charles Street,
Mechanicsburg, Cumberland County, Pennsylvania, for the last eight years.
2. Defendant is Anthony R. Crayton, who has resided at 255 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania, for the last three months.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 8, 1991 in Rockville, Maryland.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Neither of the parties in this action is presently a member of the Armed Forces.
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7. Plaintiff and Defendant are both citizens of the United States.
8. Plaintiff has been advised of the availability of marriage counseling and that she
may have the right to request the Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require the parties to participate in
counseling prior to a divorce decree being handed down by the Court.
COUNT I - DIVORCE
9. The Plaintiff avers that the grounds on which the action is based are as follows:
That the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court enter a decree in divorce.
Respectfully Submitted:
REAGER, ADLER & COGNETTI, PC
Date: August 29,2000
By:
-
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorney for Plaintiff
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attornevs for Plaintiff
CYNTIDA 1. DEGEORGE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-6059 CIVIL
ANTHONY R. CRAYTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, MURRELL R. WALTERS, III, ESQUIRE, do hereby accept service of a true
L
copy of the Complaint in Divorce directed to my client,
above-captioned matter, pursuant to Pennsylvania
Murrell R. Walters, III, Esquire
DATE: C((t.uO
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MARIA P. COGNETTI & ASSOCIATES
H. ALLISON WRIGHT, ESQUIRE
Attorney LD. No. 60311
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
CYNTHIA 1. DeGEORGE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-6059
ANTHONY R. CRAYTON,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on September 1,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to
unsworn falsification to authorities.
Date: / -':;-6/
~~9
C TRIA 1. DeGEOR
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MARIA P. COGNETTI & ASSOCIATES
H. ALLISON WRIGHT, ESQUIRE
Attorney J.D. No. 60311
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
CYNTHIA L. DeGEORGE,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 00-6059
ANTHONY R. CRAYTON,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 330HC) OF THE DIVORCE CODE
1. I consentto the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
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CYN A 1. DeGEORGE y
Dated: /- J-O /
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CYNTHIA 1. DEGEORGE,
Plaintiff,
v.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-6059
ANTHONY R. CRAYTON,
Defendant. .
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on September 1, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to
Date: / -,}- D/
unsworn falsification to authorities.
ANT
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CYNTHIA 1. DeGEORGE,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 00-6059
: CIVIL ACTION - LAW
: IN DIVORCE
ANTHONY R. CRAYTON,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301((;) OF THE DIVORCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18
to authorities.
Dated: I -qJ - (j /
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
CampHiIl, PA 17011
Telephone No. (717)909-4060
Attorneys for Plaintiff
CYNTHIA 1. DEGEORGE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-6059 CIVIL
ANTHONYR. CRAYTON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PARTIES' SOCIAL SECURITY NUMBERS
CYNTHIA L. DEGEORGE, Plaintiff
SS# 218-74-1626
ANTHONY R. CRAYTON, Defendant
SS# 577-92-3741
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