HomeMy WebLinkAbout01-05924
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF
PENNA.
CAROL S. PROUDFOOT
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Plaintiff,
No.
01-5924
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VERSUS
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GREG L. PROUDFOOT
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Defendant
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AND NOW,
DECREE IN
DIVORCE
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IT IS ORDERED AND
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DECREED THAT
CAROL S. PROUDFOOT
, PLAINTIFF,
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AND
GREG L. PROUDFOOT
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL OROER HAS NOT
YET BEEN ENTERED; NONE.
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The attached Separation and Property Settlement Agreement
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dated November 5, 2003, is incorporate
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merger, herein. .
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PROTHONOTARY
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OIIIfil,!AL
CAROL S. PROUDFOOT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01-5924
GREG L. PROUDFOOT,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 5-/'4 day of NOli d.,l")be,,.. 2003,
by and betwe.en CAROL S. PROUDFOOT of Mechanicsburg, Cumberland
County, Pennsylvania, hereinafter referred to as Wife; and GREG L.
PROUDFOOT of Mechanicsburg, Cumberland County,
Pennsylvania,
hereinafter referred to as Husband, WITNESSETH THAT:
WHEREAS, Husband and Wife were married on May 3, 1980 in
Cumberland County, Pennsylvania; and
WHEREAS, Wife is a bona fide resident of the Commonwealth of
Pennsylvania and has been so for at least the past six months; and
WHEREAS, certain differences have arisen between the parties
hereto and, as a consequence, they have ceased living as Husband
and Wife since September of 2001; and
WHEREAS, Husband and Wife desire to settle and determine
certain of their marital rights and obligations, make an equitable
distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered
under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to
set forth the respective rights and duties of the parties while
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they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of their
respective c~oice, and the parties now wish to have that agreement
reduced to writing; and
WHEREAS, in preparing this Agreement and negotiations
contemporaneously therewith, Wife was represented by Marlin L.
Markley, Esquire, and Husband was represented by Elizabeth B.
Stone, Esquire; and
WHEREAS, there are no dependant children to the marriage;
and,
NOW THEREFORE, the parties, in consideration of the mutual
promises set forth hereinafter, and for other good and valuable
consideration, intending to be legally bound and to legally bind
their heirs, successors, assigns, and personal representatives, do
hereby covenant, promise, and agree as follows:
ARTICLE I - SEPARATION
1.1 Seoaration. It shall be lawful for Husband and Wife at
all times hereafter to live separate and apart from each other and
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to reside from time to time at such place or places as they shall
respectively deem fit, free from any control, restraint, or
interference, direct or indirect, by each other.
Neither party
shall molest the other or compel or endeavor to compel the other
to cohabit or 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 party of the lawfulness of the
causes leading to them living separate and apart.
1.2 Effect of Reconciliation.
This Agreement shall not be
deemed to have been waived or otherwise affected by a
reconciliation, cohabitation, or resumption of marital relations
between the parties.
The parties shall not be deemed to have
reconciled with the intention of vitiating or terminating this
Agreement unless they make such actions through a written
instrument, executed, and acknowledged in the same manner as this
Agreement.
ARTICLE II - DIVORCE
2.1 Divorce Action.
This Agreement is not predicated on
divorce.
Notwithstanding the foregoing, it is, in fact, agreed
and acknowledged between the parties that Wife has filed a divorce
action against Husband, and that both parties agree, as a
cond,ition to this agreement, to execute the necessary divorce
consents required by Section 3301(c) of the Divorce Code,
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including the Waiver of Notice of Intent to Transmit Divorce
Decree, so as to promptly finalize said action. It is warranted,
covenanted, and represented by Husband and Wife, each to the
other, that this Agreement is lawful and enforceable and this
warranty, covenant, and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement.
Husband and Wife each knowingly and understandingly hereby waive
any and all. possible claims that this Agreement is, for any
reason, illegal, or unenforceable in whole or in part. Husband
and Wife do each hereby warrant, covenant and agree that, in any
possible event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part
of this Agreement.
2.2 Final Resolution. It is further specifically
understood and agreed that the provisions of this Agreement
relating to the equitable distribution of property of the parties
are accepted by each party as a final settlement for all purposes
whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state,
country, or jurisdiction, each of the parties to this Agreement
hereby consents and agrees that this Agreement and all its
covenants shall not be affected in any way by any such separation
and divorce; and that nothing in any such decree, judgment, order
or further modification or revision thereof shall alter, amend or
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vary any term of this Agreement, whether or not either or both of
the parties should remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged
into any decree, judgment or order of divorce or separation.
2.3 Incorooration of Aareement into Decree. It is
specifically agreed that a copy of this Agreement shall be
incorporated by reference into any divorce, judgment or decree if
or whenever. sought by either of the parties hereto. Such
incorporation, however, shall not be regarded as a merger, it
being the intent of the parties to permit this Agreement to
survive any such judgment or decree.
ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1 Criteria of Distribution. The parties have attempted
to divide their marital property in a manner which conforms to the
criteria set forth in Section 3502 of the Pennsylvania Domestic
Relations Code, and taking into account the following
considerations: the length of the marriage; the prior marriages
of the parties; the age, health, station, amount and sources of
income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to
the education, training or increased earning power to the other
party; the opportunity of each party for future acquisition of
capital assets and income; the sources of income of both parties,
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including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in
the acquisition, preservation, depreciation, or appreciation of
marital property, including the contribution of a party as a
homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their
marriage; and the economic circumstances of each party, including
federal, stat.e and local tax ramifications, at the time of the
division of the property is to become effective.
3.2 Satisfaction of Riahts of Eauitable Distribution. The
division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets. The
division of property under this Agreement shall be in full
satisfaction of all rights of equitable distribution of parties.
3.3 Relinauishment of Claims. Husband agrees to relinquish
all claims to any assets that may be acquired by Wife prior to the
finalized divorce decree, and Wife agrees to relinquish all claims
to any assets that may be acquired by Husband prior to the
finalized divorce decree, except as may be otherwise set forth
herein.
3.4 Personalty. The parties have agreed between themselves
to a division of all household furnishings and personal property
which would be considered "marital property" under the
Pennsylvania Divorce Code, including any pensions or retirement
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savings accounts or plans.
3.5 PrODertv to Husband.
Husband agrees to relinquish all
claims to any assets that may be acquired by Wife prior to the
finalized divorce decree.
3.6 PrODertv to Wife. Wife agrees to relinquish all claims
to any assets that may be acquired by Husband prior to the
finalized divorce decree.
3.7 Proceeds held in escrow from sale of marital residence.
Both parties acknowledge there is $20,389.14, which represents
proceeds from the sale of their marital residence, held in an
escrow account.
The marital debt of $3,845.10 owed to Household
Credit Services shall be paid from the escrow account. The
remaining balance of $16,544.04 shall be divided evenly between
husband and wife, leaving them each with $8,272.02.
Wife shall
have deducted from her half and husband shall have added to his
one half $605.53 representing husbands overpayment to domestic
relations and $133.00 representing his one half share of the
Nationwide Insurance refund check.
Wife's portion of the
remaining proceeds is $7,533.49.
Husband's portion of the
remaining proceeds is $9,010.55.
Retirement.
Each party specifically waives any claim
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they may have against the retirement of the other.
Each party
acknowledges that the other spouse has a retirement plan or
account to which the parties may have contributed martial property
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over the course of the marriage. Each of the parties
acknowledges, without the necessity of an expert valuation, that
retirement assets may prove to comprise a substantial percentage
of the entire martial estate. Nonetheless, each party desires to
waive and specifically releases any claim they may have as to the
retirement assets currently in the possession of the other spouse.
Each party further agrees to execute immediately upon demand any
documents as may be required by the retirement plan administrator
of the other spouse so as to confirm they have waived any claim
right or interest thereto.
ARTICLE IV - ALIMONY AND SUPPORT
4.1 Alimonv. Pursuant to this Agreement of the parties,
each party waives any right they may have to seek alimony, alimony
pendente lite, support, maintenance, or the like.
ARTICLE V - MISCELLANEOUS PROVISIONS
5.1 Attornevs Fees uoon Breach. Each of the parties agrees
that should either of them be in breach of contract and fail to
comply with the terms of the Agreement herein the breaching party
shall be responsible for all court costs and attorney fees
reasonably necessary to enforce the Agreement.
5.2 Advice of Counsel. The parties acknowledge that they
have been given full and fair opportunity to consult legal counsel
regarding the legal effect of this agreement. They acknowledge
and accept that this Agreement is, in the circumstances, fair and
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equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that
execution of this Agreement is not the result of any duress or
undue influence and that is not the result of any collusion or
improper or illegal agreement or agreements.
5.3 Counsel Fees. Husband and Wife agree to be responsible
for their respective attorney fees. For purposes of contract
interpretation and for' the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared
jointly by their respective attorneys. Hershey Foods Corp. v.
General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992).
5.4 Mutual Release. Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the
other and the estate of such other, for all times to come and for
all purposes whatsoever, of and from any and all right, title,
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 situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other,
or any part thereof, whether arising out of any former acts,
contracts, engagements, or liabilities of such other as by way of
dower, curtesy, or claims in the nature of dower, curtesy, widow's
or widower's rights, family exemption, or similar allowance, or
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under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the
other as testamentary, or any 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. The
parties further release any claim to all rights which either party
may have or. at any time hereafter have for past, present, or
future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of
the marital relation or otherwise, except and only except, all
rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any
thereof. It is the intention of Husband and Wife to give each
other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of
nature, real or personal, not mixed, which the other now owns or
may hereafter acquire, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any thereof.
Both parties acknowledge that they have been advised that each may
have the right to assert a claim for spousal support, alimony,
alimony pendente lite, attorneys fees, costs and/or expenses.
Except as otherwise provided herein, each party hereby waives any
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right to such economic claims ancillary to the divorce and accepts
the provisions of this Agreement relating to these claims as a
final settlement for all purposes, as contemplated by the
Pennsylvania Divorce Code.
5.5 Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligations for which the estate of the other party may be
responsible Qr liable, except as may be provided for in this
Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities or
obligations of each of them, including those for necessities,
except for the obligations arising out of this Agreement. Husband
and Wife each warrant, covenants, represent and agree that each
will, now at all times hereafter, save harmless and keep the other
indemnified from all debts, charges, and liabilities incurred by
the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement
and that neither of them hereafter incur any liability whatsoever
for which the estate of the other may be liable.
5.6 Modification. No waiver or modification of any of the
terms of this Agreement shall be valid unless in writing and
signed by both parties, and no .waiver of any enforcement claims
for breach or default shall be deemed a waiver of any subsequent
default of the same or similar nature.
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5.7 Document Execution.
The parties agree that they will
promptly execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes, or such other writings as
may be necessary or desirable for the proper implementation of
this Agreement, and as their respective counsel shall mutually
agree should be so executed in order to carry out fully and
effectively the terms of this Agreement.
5 . 8 Governina Law.
This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania which
are in effect as of the execution date of this Agreement.
5.9 Bindina.
This Agreement shall be binding and shall
inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
5.10 Entire Aareement.
This Agreement constitutes the
entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them.
There are no
representations or warranties other than those expressly set forth
herein.
5.11 Severabilitv. If any term, condition, clause, section,
or provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only that term,
condition, clause, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be
valid and continue in full force, effect and operation. Likewise,
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the failure of any party to meet his or her obligation under any
one or more of the articles and sections shall in no way void or
alter the remaining obligations of the parties. The parties
expressly represent that the headings of each paragraph are solely
for purposes of convenience and are not to be construed as
controlling.
5.12 Eauitable Division. It is specifically understood and
agreed that this Agreement constitutes an equitable distribution
of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, or either of them,
during the marriage as contemplated by the Divorce Code of the
Commonwealth of Pennsylvania.
5.13 Disclosure. The parties warrant and represent that
they have made a full disclosure of all assets prior to the
execution of this Agreement and that this agreement was entered
into in reliance upon that disclosure.
5.14 Enforceabilitv and Consideration. This Agreement shall
survive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the parties, and any
independent action may be brought, either at law or in equity, to
enforce the terms of the Agreement by either Husband or Wife until
it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual
benefits to be obtained by both of the parties hereto and the
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covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained
and stipulated, confessed and admitted by the parties, and the
parties intend to be legally bound hereby.
In the event either
party breached the aforesaid Agreement and it is determined
through appropriate legal action that the alleged party has so
breached the Agreement, the breaching party shall be responsible
for any and. all attorney I s fees as well as costs and expenses
associated with litigation incurred by the non-breaching party to
enforce
this
against
breaching
party.
the
Agreement
, IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year written.
A.
Carol S. Proudfoot, WIFE
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Greg L. Proudfoot, BBAND
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CAROL S. PROUDFOOT
Plaintiff
: IN THE COURT OF GOMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-5924 CIVIL TERM
GREG 1. PROUDFOOT
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAF,C'TPF. TO TRA NSMTT RF,C'ORO
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under S 3301(c) S 3301(xl)(I) of the
Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint: Service by first class mail: certified and
restricted # 1670 0005 27693753: Acceptance of Service document signed by Defendant on
October 22,2001, enclosed herein.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by S 3301 (c) of
the Divorce Code: by the Plaintiff Octoh"r 9 ?om
by the Defendant Octoh",. ?R, ?001
(b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code:
n/~
Date of filing of the Plaintiff's affidavit upon the respondent:
Date of service of the Plaintiff's affidavit upon the respondent:
4. Related claims pending: PI""",, incmporM". withont m",ging, th" "tt"ch"e! S"P"r"tion "ne!
Prop"rty S"ttl"m"nt ofth" p"rti,," e!Mee! Nov ~ ?Om into the Divorc" Decr""
5. (Complete either paragraph (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 S 3301(c) Divorce was filed with the
prothonotary: Octoh",. 16 ?Om ;
Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the
prothonotary: fil"e! "imnlt"n"on"lywfPr"ecip"
Date: ((- <:::-2-00:J
M 1. Markley, Esq.
2108' arket Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717)763-1800
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CAROL S. PROUDFOOT,
Plaintiff:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
va.:
.
: No. &/- 5f;2t! ~
: CML ACTION. LAW
: IN DIVORCE
GREG L. PROUDFOOT.
Defendant:
NQTTr.F. TO nF.FF.Nn ..\ NT) r.l...\ 1M RTr..HT~
You have been sued in court. If you wish to defend against the r.!Q;mR 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 Courthouse,
Carlisle, Pennsylvania.
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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 UBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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CAROL S. PROUDFOOT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. tPl- Sr.:zt./
vs.
GREG L. PROUDFOOT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d)
OF'I'HR OTVORr.R r.OOR
The Plaintiff, Carol S. Proudfoot by and through her attorneys, The Law
Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce:
1. The Plaintiff, Carol S. Proudfoot is an adult individual who resided at
Cicada Drive, Mechanicsburg Cumberland County, Pennsylvania 17055 but whose
current, temporary address in Cumberland County is requested to remain
undisclosed.
2. The Defendant, Greg L. Proudfoot, is an adult individual who currently
resides at 12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania
3. The Parties have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 3, 1980 in
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
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6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is available and that the
Plaintiff may have the right to request that the court require the parties to
participate in counseling.
8. This action is not collusive.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of
Divorce in this matter.
COTTN'I'T - RqJTT'I'ART.R nT~'I'RTRTT'I'TON
9. The paragraphs one (1) through (8) of this Complaint are incorporated
herein by reference.
10. The parties have acquired property and incurred debt during the
marriage.
11. Plaintiff requests the Court to equitably divide, distribute or assign the
marital property between the parties without regard to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors.
WHEREFORE, the Plaintiff respectfully requests the Court to enter an order
of equitable distribution of marital property pursuant to ~3502(a) of the Divorce Code.
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12. The paragraphs one (1) through (11) of this Complaint are incorporated
herein by reference.
13. The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property
to provide for her reasonable means and is unable to support herself completely
through appropriate employment.
14. Plaintiff requires reasonable support to adequately maintain herself in
accordance with the standard ofliving established during the marriage.
WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware
of reasonable alimony upon final hearing and permanently thereafter.
C:OTTNT ITI _ ATTORNF.V'~ FRR~ ANn C:O~T~
15. The paragraphs one (1) through (14) of this Complaint are incorporated
herein by reference.
16. Plaintiff has entered into a fe.e agreement with her attorney.
17. Plaintiff may be in need of hiring an accountant, a real estate appraiser
and other experts, and does not have the funds necessary to pay the necessary and
reasonable fees.
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WHEREFORE, the Plaintiff requests this Honorable Court to enter an award
for counsel fees, costs, and expenses as are deemed necessary and appropriate.
Date:
[b (0 O!
Matthew J. shelman, Esquire
2108 Marke Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
GREG L. PROUDFOOT,
Defendant
: CIVIL ACTION - LAW
: IN DNORCE
VE~TFTCATTON
I verify that the statements made in this 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.
Date: 1!/jk
G"e JPu,,'F
Carol S. Proudfoot
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CAROL S. PROUDFOOT
Plaintiff,
: IN TIIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01-5924 CNIL TERM
GREG L. PROUDFOOT,
Defendant,
: CNILACTION-ATLAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October
12,2001.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days
have elapsed from the date of 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.
4. 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. ~ 4904 relating to unsworn
falsification to authorities.
Date: / () - '1-0 3
Signature: GUr~ A e~~
CAROL S .PRO OOT
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CAROL S. PROUDFOOT
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VB.
: No. 01-5924 CIVIL TERM
GREG L. PROUDFOOT,
Defendant,
: CIVILACTION-ATLAW
: IN DNORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCECODE
1. 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 in do not claim thern 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.
4. 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 Pac c.s. ~ 4904 relating to unsworn
falsification to authorities.
Date:
1'6 ~9-0 .3
Signahlre: ~ A- t!oo~
CAROL S. PROUDF
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Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: No. 01-5924 CIVIL TERM
GREG L. PROUDFOOT,
Defendant,
: CIVILACTION-ATLAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DJlVORCE CODE
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October
12,2001.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety 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.
4. 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. 9 4904 relating to unsworn
falsification to authorities.
Date:
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CAROL S. PROUDFOOT
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01-5924 CIVIL TERM
GREG L. PROUDFOOT,
Defendant,
: CIVIL ACTION -AT LAW
: IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if! 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.
4. 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. ~ 4904 relating to unsworn
falsification to authorities.
Date:
/o/JJ /63
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CAROL S. PROUDFOOT
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY,PENNSYLV~
vs.
NO. 01-5924 CML TERM
GREG L. PROUDFOOT
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
TO THE PROTHONOTARY:
I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served
upon the Defendant indicated above by first class, Certified Mail No.1670-0005-2769-3753
postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P.
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It .. Print your name and addr888 on the reverse of this form 80 that we can retum this
I card to you.
> ,-Attach this 10nn to the front of the mallp!ece, or on the back If space dOes not
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CD I-Writs-Retum RSCBipt ReqUBSted- CIfl themallplece below the article nurnbe~
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Law ffices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
Date: ) / - 5"'- 200J
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CAROL S. PROUDFOOT,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
GREG L. PROUDFOOT,
Defendant
NO. 01-5924 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of November, 2001, this matter
having come before the court today on the petition of Carol S.
Proudfoot to exclude Greg L. Proudfoot from the marital
residence at 12 Cicada Drive, Mechanicsburg, Cumberland County,
Pennsylvania, and upon agreement of the parties, IT IS ORDERED
that Greg L. Proudfoot is excluded from the marital residence.
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Matthew J. Eshelman, Esquire
For Plaintiff
Elizabeth B. Stone, Esquire
For Defendant
Sheriff
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CAROL S. PROUDFOOT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GREG L. PROUDFOOT,
DEFENDANT
01-5924 CIVIL TERM
ORDER OF COURT
AND NOW, this
2-7
day of October, 2001, a hearing on the within
petition for right to reside in marital residence, is scheduled for Wednesday, November
7,2001, at 1 :30 p.m., in Courtroom Number 2.
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Matthew J. Eshelman, Esquire
For Plaintiff
CO~\~3 r\'\()."\e.~
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Greg L. Proudfoot
12 Cicada Drive
Mechanicsburg, PA 17055
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: IN THE COURT OF COlMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. t? I- .5' &;llf' &;J
CAROLS. PROUDFOOT
Plaintiff
GREG L. PROUDFOOT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
o~nR~
AND NOW, this _ day of
2001, the Plaintiff, Carol S. Proudfoot,
is hereby awarded the exclusive right to reside in the marital residence, with the
furniture and household items therein, until such time as this Court may make a
final Order of Divorce and Equitable Distribution. Jurisdiction over this, and all
other issues raised in this matter, is retained. The Plaintiff will not destroy, sell or
dispose of property of the Defendant.
BY THE COURT:
J.
Distribution: Matthew J. Eshelman, Esq.
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Greg L. Proudfoot
12 Cicada Drive
Mechanicsburg, P A 17055
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CAROLS. PROUDFOOT
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
GREG L. PROUDFOOT,
Defendant
: CML ACTION - LAW
: IN DIVORCE
o~nRR
AND NOW, this _ day of
2001, the Plaintiff, Carol S. Proudfoot,
is hereby awarded the exclusive right to reside in the marital residence, with the
furniture and household items therein, until such time as this Court may make a
final Order of Divorce and Equitable Distribution. Jurisdiction over this, and all
other issues raised in this matter, is retained. The Plaintiff will not destroy, sell or
dispose of property of the Defendant.
BY THE COURT:
J.
Distribution: Matthew J. Eshelman, Esq.
Greg L. Proudfoot
12 Cicada Drive
Mechanicsburg, P A 17055
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CAROL S. PROUDFOOT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. IJ/- 5%;2~
: CMLACTlON . LAW
: IN DIVORCE
GREG L. PROUDFOOT,
Defendant
NOTTeR
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so .
the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed. in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or
. other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
(717) 240-6200
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
JOHN A. PRICE,
Defendant
: CML ACTION - LAW
: IN DIVORCE
PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE
pnR~n A NT TO ?!t Pll C S A fi !t!'iO?(I>)
The Plaintiff, Carol S. Proudfoot, through her attorneys, The Law Offices of
Patrick F. Lauer, Jr., respectfully avers the following in support of her petition for
the exclusive right to reside in the marital residence:
L The Plaintiff, Carol S. Proudfoot, is an adult individual who resided at
12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Greg L. Proudfoot, is an adult individual who resides at
12 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. A Complaint in Divorce was filed with the Cumberland County
Prothonotary's Office simultaneously with this Petition.
4. As of the date of the filing ofthis Petition, the Court has not yet ruled
upon the divorce of the parties.
5. Pursuant to 23 Pa. R.C.P. ~ 3502(c), Plaintiff requests that she be
granted exclusive possession of the marital residence for the following reasons:
a. The parties can no longer amicably reside in the same residence.
b. This arrangement would be in the best interest of the parties.
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c. The Defendant can more easily establish residence elsewhere than the
Plaintiff.
d. The Plaintiff would receive greater benefit in remaining in the marital
residence than the Defendant.
e. The parties' minor child currently resides with the Petitioner, who is
better positioned to serve as the child's caretaker.
f. It is in the best interest of the minor child to be able to return to the
marital residence.
WHEREFORE, the Plaintiff, Carol S. Proudfoot, respectfully requests that
this Honorable Court grant her the exclusive right to reside in the marital residence,
with the furniture and household items therein, until such time as this Court may
make a final Order of Divorce and Equitable Distribution.
,
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/0/0/01
Date:
Matthew J. Esh an, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
.,~
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CAROL S. PROUDFOOT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
,
"
vs.
: No.
GREG L. PROUDFOOT
Defendant
: CIVIL ACTlON - LAW
: IN DIVORCE
i'
,
VRRTFTeATTON
I, Carol S. Proudfoot, state that I am the Plaintiffin the above-captioned case
and that the facts set forth in the above PETITION FOR RIGHT TO RESIDE IN
MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A. ~ 3502(c) are true and correct '.,
to the best of my knowledge, information, and belief. I realize that false statements
herein are subject to the penalties for unsworn falsification to authorities under 18
Pa. C.S. ~ 4940.
,
,
c~"e Ai ~
Caro S. Pro oot
Date:~ 62O?j
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CAROL S. PROUDFOOT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
GREG L. PROUDFOOT,
Defendant
: CML ACTlON - LAW
: IN DIVORCE
r.F.RTTFTCATF. OF SF.~VTeF.
I hereby certify that I am this day serving a copy of the foregoing PETITlON
FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A.
~ 3502(c) upon the person, and in the manner, indicated below, which service
satisfies the requirements of the Pennsylvania Rules of CIVIL Procedure, by
depositing a copy ofthe same with the United States Post Office at Camp Hill,
Pennsylvania, through first class mail, prepaid and addressed as follows:
Greg L. Proudfoot, Defendant
12 Cicada Drive
Mechanicsburg, P A 17055
Date:
lu \0 ~ \
Matthew J shelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
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