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HomeMy WebLinkAbout03-2137RUSSELL A. CRAMER, Plaintiff V. TERRY L. CRAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~./.3-Y CIVIL TERM 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONX~ MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 RUSSELL A. CRAMER, : Plaintiff : V. : TERRY L. CRAMER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- o~t 3 '7 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 (C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Russell A. Cramer, an adult individual who currently resides at 355 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Terry L. Cramer, an adult individual who currently resides at 4184 Cove Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 16, 1983 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. The parties have acquired real property during the course of their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER~'~ David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/cramer/complaint, pld VERIFICATION I verify that the statements made in the foregoing Complaint 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. Russell A. Cramer DATED: RUSSELL A. CRAMER, Plaintiff TERRY L. CRAMER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1st day of May, 2003, by and between Terry L. Cramer, hereinafter referred to as "Wife", and Russell A. Cramer, hereinafter referred to as "Husband". WITNESSETH: and, WHEREAS, the parties are Husband and Wife who were married on .?~//d/f.~ V~rHEREAS, Husband will institute divorce proceedings in the Court of Common Pleas of Cumberland County; and, WHEREAS, differences have arisen between the parties. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute: and file the requisite Consents and Waivers with the Court upon the written request of either party. Husband shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. EFFECT. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law or equity to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in 2 full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL. Each party has been advised of their rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. Tire parties have elected to have David A. Baric, Esquire act as scrivener for this matter after being advised that they each have and continue to have the right to retain their own counsel regarding the negotiation, drafting and execution of this Marital Settlement Agreement 4. TANGIBLE PERSONAL PROPERTY. Husband and Wife own the following vehicles: 1999 Chrysler Sebring, 1999 Chrysler LHS, a pickup track and a vintage Ford Mustang. The Sebring shall be the property of Wife, the LHS, pickup track and Ford Mustang shall be the property of Husband. Wife shall be responsible for the debt secured by the Sebring. Husband shall be responsible for the debt secured by the LHS. Immediately upon the execution of this Agreement, the parties shall retitle the vehicles into individual names. Husband shall be the sole owner of the boat owned by the parties. Aside from the foregoing, the parties will divide between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. Each party shall hereafter be solely liable for debts secured by any new or replacement vehicles and shall indemnify the other from any and all claims associated with said debt. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at 335 North Middlesex Road, Carlisle, Cumberland County, Pennsy.lvania. Husband will use his best efforts to refinance the marital residence before June 30,. 2003 in his name alone. At the time of refinancing, Wife shall tender to Husband a special warranty deed granting and conveying all of her interest in 335 North Middlesex Road, Carlisle, upon the date of such refinancing, Wife shall relinquish full and exclusive possession of the property. At the time of refinancing, Husband shall pay to Wife the sum of Twenty three Thousand sixteen and no/100 ($23,016.00) Dollars. Additionally, ttusband shall pay from the proceeds of the new loan, those debts listed on Exhibit "A" to the limits set forth on Exhibit "A". Until the refinancing has been accomplished, Husband shall pay any mortgage payments, accrued taxes, insurance or maintenance expenses. In the event Husband has not accomplished the refinancing by June 30, 2003, the parties shall list the property for sale with a licensed realtor at a sales price agreed to by the parties. The usual and customary costs associated with the sale shall be paid from the sale proceeds, the existing mortgage liens will be paid from the proceeds and any other joint debt of the parties which at the time of the sale is a lien against the property shall be paid from the sale and any remaining proceeds or losses shall be paid equally by the parties. 4 B. RETIREMENT BENEFITS: Each part), has retirement and/or pension benefits at their respective places of employment. The parties agree that they will make no claim against the retirement and/or pension benefits of each other now or hereafter and each party shall be the sole and exclusive owner of their respective retirement and/or pension benefits. In no event shall either party be entitled to claim any amounts or property other than as set forth herein. 6. DEBTS AND OBLIGATIONS. Each party shtdl be solely responsible for the debts listed on Exhibit "A" after the execution of this Agreement to the extent they have not been paid and closed through distribution of the proceeds of the refinancing as set forth above. Husband shall, before September 30, 2003, cause to have Wife's automobile repaired by a reputable auto repairer. The estimated cost of said repair is $1,51)0.00. 7. LIFE INSURANCE. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other pm'~y. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. 8. TAX EXEMPTIONS. Wife shall have the right to claim the parties' minor daughter as a dependent for income tax purposes. 9. INDEMNIFICATION. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 10. EQUITABLE AGREEMENT. Both parties agree that the herein above set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Di[vorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 11. MUTUAL RELEASES. Husband and Wife do hereby mutually release, mmise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts,, engagements or liabilities of the other party, arising by way of widower's right or trader the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, 6 as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 12. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 13. COMPLETE DISCLOSURE. The parties do ]hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 15. MODIFICATION. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was reviewed jointly by their respective counsel. 18. SEVERABILITY AND INDEPENDENT COVENANTS. The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 and effect. 19. COSTS AND ATTORNEYS' FEES. Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 20. LAW AND JURISDICTION APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 21. OTHER DOCUMENTATION. The parties agree that they shall, upon written request from either party execute any and all written instruments or documents required to effectuate the terms of this Agreement. 8 22. RELEASE OF SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY. The parties do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, spousal support or maintenance. Each shall maintain their own respective policies of health insurance as each deems appropriate. WHEREFORE, the parties, intending to be legally bound hereby, execute this Agreement the date first written above. WITNESS: ~~ Russell ~. Cramer dab.dir/domestic/cramer/settle2.agr TERRY L. CRAMER Debt: Onyx Acceptance Sears Kohls RUSSELL A. CRAMER Debt: Onyx Acceptance Citi Chase Sears MBNA America Fleet EXHIBIT "A" $9,920.00 $6,018.00 $1,046.00 $16,058.00 $ 5, 776.00. $ 3,782.00 $ 2,448.00 $ 439.00 $ 204.00 RUSSELL A. CRAMER, Plaintiff V. TERRY L. CRAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2137 CIVIL TERM CIVIL ACTION-I_,AW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this ~ day of May, 2003, I, Terry L. Cramer, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a tree and attested copy of said Complaint. -- 3 ' Terry L. Cramer RUSSELL A. CRAMER, Plaintiff VS. TERRY L. CRAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2137 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330'1(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 6, 2003. May 7, 2003. Defendant acknowledged receipt and accepted service of the Complaint on 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that t 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subjec~o the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorit' _ Date: y- Rus ^ mer RUSSELL A. CRAMER, Plaintiff TERRY L. CRAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2137 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on May 6, 2003. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 7, 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand [hat I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~[l(i I ~~ "~ J'l"?~l-~. L. ~ !~/,[_~,~Cramer RUSSELL A. CRAMER, Plaintiff TERRY L. CRAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2137 CIVIL TERM C1VIL 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 Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on May 7, 2003. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff August 18, 2003 ; by the defendant August 19, 2003 (b) (1) the divome code Date of execution of the plaintiffs affidavit required by Section 3301 (d) of N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff' s waiver of notice in Section 3301 (c) divome was filed with the Prothonotary: August 20, 2003 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: August 20, 2003 © r~ David A. Baric, Esquire Attorney for Plaintiff, Russell A. Cramer IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF RUSSELL A. CRAMER, PLAINTIFF VERSUS TERRY L. CRAMER, DEFENDANT PENNA. N o. 2003-2137 CIVIL DECREE IN DIVORCE AND NOW, ~¢-~,~¢ ~ ¢ RUSSELL A. CRAMER DECREED THAT TERRY L. CRAMER AND , It IS ORDERED AND , PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED MAY 1, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: PROTHONOTARY