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HomeMy WebLinkAbout03-2832IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION PATRICIA S. CRAIG, : CIVIL ACTION-LAW : Plaintiff, : NO. : : COMPLAINT IN DIVORCE VS. : KEVIN W. CRAIG, : FILED ON BEHALF OF: : Plaintiff, Patricia S. Craig Defendant. : COUNSEL OF RECORD: Michael F. Santicola, Esquire PA I.D. #76472 SAINOVICH & SANTICOLA, P.C. 722 Turnpike Street Beaver, PA 15009 Phone (724) 775-3392 FAX (724) 775-3425 tEYnq w. CI IG, FEND You ~ve be~ ~ * ,~ke oromPt acu~ ~ :ud~ent ~.:~ you may rose {ollOW~g page ~J {or ~Y .-~ or o~er 'g roe mo~eY or prop*~,J _a for ~e ~vo.. ~ ~o~elors ts ~e m ~e Pr°~°~°t~ s _~.~ request ~a~ ~,~ Co~ouse, ~oNY L~G~L ~LP: cumberland CoUnW La'er ~efe~al 32 SoUth Bed[ord s~eet Car~Sle, PA 170~3 r~ T~4E COURT O~ COMMON ?LEAS O~ C~BEP'LA~q~) COU~qTY CIVIL DYqlSION ? ATVaC~A s. c VS- ~ g, Exzrfl W. CRAIO, Defendant. ~ sA~o~IC~ S AMTiCOLA, p .C., by MichelF S~t~l~ Esq in suPP°n thief' av~S ~e following: ~ adult individual resid~g at 1302 p~c{a S. C~aig, is MechmaAcsburg' PA 17050. Defendant, Kevin W- Craig, is ~n adult individual residing at 1302 Mechanicsburg' PA 17050. _ ~ r,~ndant have both resided in the Co~°nwe~ 3. a p~Od exceeding ~e l~t six (6) monkS. ~nt~uoUSlY for Plaintiff is not a m/nor and has not been adjudged incompetent. Defendant is not a minor and has not been adjudged incompetent. Plaintiffand Defendant were married on July 8, 1989. 7. No prior action for divorce or annulment between Plaintiff and Defendant herein has been filed either in this.iurisdiction or any other jurisdiction. 8. The marriage of the parties is irretrievably broken. Plaintiff and Defendant have been living separate and apart since June 2002. 10. Plaintiff is aware of her right to request marriage counseling. Plaintiff avers this action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree in Divorce from the bonds of matrimony. 11. COUNT II - EQUITABLE DISTRIBUTION Paragraphs 1 through I 0 of the Complaint are incorporated herein as though fully set 12. The Plaintiff and Defendant have acquired property, both real and personal, during their marriage. Plaintiff is not a minor and has not been adjudged incompetent. Defendant is not a minor and has not been adjudged incompetent. Plaintiff and Defendant were married on July 8, 1989. No prior action for divorce or annulment between Plaintiff and Defendant herein has been filed either in this jurisdiction or any other jurisdiction. 8. The marriage of the parties is irretrievably broken. Plaintiff and Defendant have been living separate and apart since June 2002. 9. Plaintiff is aware of her right to request marriage counseling. 10. Plaintiff avers this action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of the Complaint are incorporated herein as though fully set forth. 12. The Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiffrequests this Honorable Court to determine marital property and to order an equitable distribution thereof. Respectfully submitted, SAINOVICH & SANTICO'LA, P.C. Michael F. Santicola,/Esquire Attorney for Plaintiff VERIFICATION I, Patricia S. Craig, do hereby verify that the averments made in the foregoing Complaint in Divorce, are true and correct based on my personal knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Patricia S. Craig IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION PATRICIA S. CRAIG, Plaintiff, VS. KEVIN W. CRAIG, Defendant. TYPE OF PLEADING: Acceptance of Service FILED ON BEHALF OF: Patricia S. Craig, Plaintiff COUNSEL OF RECORD: Michael F. Santicola, Esquire PA I.D. #76472 SAINOVICH & SANTICOLA, P.C. 722 Turnpike Street Beaver, PA 15009 Phone (724) 775-3392 FAX (724) 775-3425 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DiVISION PATRICIA S. CRAIG, CIVIL ACTION-LAW Plaintiff, No. VS. KEVIN W. CRAIG, Defendant. ACCEPTANCE OF SERVICE To: Prothonotary: I, Defendant, Kevin W. Craig, accept service of the Complaint in Divorce as of the 2 day of ~-72/~ ,200..3 , in the above captioned action. Kevin W. Craig, Defendant MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this /o ~' day of ~c~~~¥~._ ,2003, by and between, Patricia S. Craig ("Wife") - A N D - Kevin W. Craig, ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are Husband and Wife having been married on July 8, 1988, at Beaver, Pennsylvania. WHEREAS, two (2) children were born of this marriage; said children being: Natalie Michelle Craig, date of birth June 15, 1994; and Stephanie Ann Craig, date of birth February 24, ]!996. 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 for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property fights and obligations as between each other including, without limitation by specification: 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 past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; 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 foregoing 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. l~ivnre~, and ,gt,_naratinn. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. 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 provision 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. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 03-2832. The parties agree that they will, ninety (90) days from service of the complaint, execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry ora Divorce Decree in the aforementioned matter. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Divlalcm of Pr~?rty. Husband and Wife have attended mediation with Dr. Arnold Shienvold. During mediation the parties discussed the value of their various assts, including but not limited to DriveKore, Inc. and Wife's retirement savings. The marital debts were also discussed. The parties are satisfied with the discussion they have had and accordingly, Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. ~l~h~nd*n prnporly' The following property shall become the sole and exclusive property of Husband: 1. All right, title, and interest in DriveKore, Inc. and any property and assets owned by DriveKore, Inc., subject to alt existing liens and obligations. Wife 2 waives all right, title and interest she may now or hereafter have in DriveKore, Inc. and any property and assets owned by DriveKore, Inc. Wife will sign any necessary documents to relinquish all right, title and interest; 2. Husband's 401(k) from previous employment. The approximate value is $7,144.00. B. W|fo'a Prn?~.rl'y. The following property shall become the sole and exclusive property of Wife: 1. Lexus RX 300; 2. All Retirement assets acquired through her employment with the Central York School District. C. Marital.llama. 1. Husband and Wife hereby agree that the property and lot situate at 1302 King Arthur Drive, will remain jointly titled until it is sold. 2. The property and lot situate at 1302 King Arthur Drive is currently listed for sale. If it is not sold by March 1, 2004, the property and lot will be listed for sale with a realtor. 3. Husband hereby agrees to be solely responsible for the mortgage, interest, insurance, taxes, maintenance, and repair costs on the property and lot situate at 1302 King Arthur Drive until it is sold. 4. The parties shall accept all bona fide offers, from qualified buyers, which are at least 95% of the listing price. 5. The net proceeds from the sale of the property and lot situate at 1302 King Arthur Drive shall be distributed to Husband and Wife with Husband receiving forty (40%) percent of the net proceeds and Wife receiving sixty (60%) percent of the net proceeds. 6. The parties shall indemnify the other for any liens against the property and lot situate at 1302 King Arthur Drive that they may cause prior to its sale. D. gnti~faetnry_ l~ivi~ion of Marital and Nnn-Maritnl Prn?erty. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401 (k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 4. lfldlfionnl I'~aenmontnfinn The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Trnn~f~rg gnhleet tn Exlgtin_.o l.lt, ng. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. l;It~?r~a~ntnflnna and Warran~.-:_, The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, 4 encumbrance or charge except those which are disclosed herein. 7. Eqnlt~hl~ Bivl,inll' By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the fights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. Relin?:i~hm~nl- of Rights Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. Aftpr-Aeqnlr~d Pr,~p~rty, 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 proposes as though he or she were unmarried. This paragraph includes the property purchased by Wife situate at 1019 Chippenham Road, Mechanicsburg, Pennsylvania. 10. l~ht~_ Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might 5 be responsible. 1 l. l,iahiHfi~,a. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. COlln~t~l 1~: Cn~'a and F,x.n~nnen, Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. A limnny. Husband shah pay Wife the sum of $300.00 per month for her separate support and maintenance until September 2010, his death, her death, her remarriage or cohabitation with a male non-relative, whichever shall first occur. In the event that Wife applies for and is awarded child support payments in excess of the amount specified in Paragraph 14A of this Agreement, then these monthly payments shall be reduced on a dollar-for-dollar basis by the amount of monthly child support awarded in excess of the payments specified in Paragraph 14A of this Agreement. The parties agree that, other then as set forth herein, the alimony provisions shall not be subject to modification by any court. The parties overall economic cimumstances have been taken into account including the equitable distribution of property. The parties agree that Husband shall not deduct the alimony payments from his gross income when filing his tax returns. Wife shall not include the alimony payments as income when filing her tax returns. 14. Child gn~.n~rt. A. Husband shall pay to Wife for the use, benefit, support and maintenance of the two (2) minor children, the sum of Seven Hundred ($700.00) Dollars per month. The support payments set forth herein shall continue until one of the children completes high school, becomes emancipated, marries, dies or attains age eighteen (18), whichever first occurs. Husband shall make the child support payments directly to Wife. B. Wife shall provide Blue Cross, Blue Shield, Major Medical or equivalent health care coverage for the benefit of the children. C. Wife shall utilize the discretionary funds available through her health care plan towards the payment of the children's unreimbursed medical, dental, psychological, psychiatric, and orthodontic expenses. Thereafter, Wife shall pay the first two hundred fifty ($250.00) dollars of each child's unreimbursed medical, dental, psychiatric, psychological, and orthodontic expenses that exceed Wife's discretionary funds available through her health care plan. Any remaining unreimbursed medical, dental, psychiatric, psychological, and orthodontic expenses that exceed Wife's discretionary funds shall be divided between the parties with Husband paying fifty-five (55%) percent and Wife paying forty-five (45%) percent. D. Wife acknowledges that the provisions herein made for the support, 7 maintenance and education of the children are fair, adequate, reasonable and satisfactory to her. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. E. It is specifically and mutually understood and agreed and recognized by the parties that Husband's child support payments are intended to help provide food, shelter, clothing, ordinary school activities, and social activities for the children. Any agreed upon extraordinary expenses for the children will be divided between the parties with Husband paying fifty-five (55%) percent and Wife paying forty-five (45%) percent. The parties agree to equally divide the costs of the Nanny they jointly use to provide childcare. F. It is specifically and mutually understood and agreed and recognized by the parties that Husband's child support obligation shall begin on the first day of the month following the month of sale and settlement of the property and lot situate at 1302 King Arthur Drive. It is specifically and mutually understood and agreed and recognized by the parties that should Wife file for child support pa3anents prior to the time of sale and settlement on the property and lot situate at 1302 King Arthur Drive, Husband will not be obligated to contribute to the children's college expenses as detailed in Paragraph 15 of this Agreement. G. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that Wife shall claim the U.S. Individual Income Tax and 8 any other federal, state or local income or other tax exemptions for Natalie Michelle Craig and that Husband shall claim the U.S. Individual hicome Tax and any other federal, state or local income or other tax exemptions for Stephanie Ann Craig. Neither party will interfere in any way or take any step or do any act which would interfere with the other securing the benefit of such tax exemptions. Upon such time that only one child can be claimed as an exemption, that the parties will alternate years claiming the exemption. Husband and Wife will sign any required forms necessary to allow the other parent to claim the exemption pursuant to this paragraph. 15. C. nll~_r, ~qn.n.nnrt. The parties agree that each shall contribute to the post-high school expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, education loans and funds available from Uniform Gift to Minors Accounts or other accounts established for the children's post-high school education. Post-high school expenses are defined as tuition, books, and room and board only. This obligation shall continue until each child reaches the age of 22, graduates, or fails to maintain a minimum Grade Point Average of 2.5, whichever occurs first. Husband's obligation is conditioned upon his being actively consulted in the selection of an appropriate post-high school education for each child and that the choice of an institution or program shall be mutually agreed upon by Husband, Wife, and each child; taking into consideration the parents' then financial ability and economic circumstances, and the children's needs, desires, talents, and aptitudes for post-high school education. In no event shall either party be required to pay more than 50% of post-high school education costs for any child. 16. Cn~tn,ly. A. The parties agree that the legal custody of their children shall be joint, with both parties having the right to make major parenting decisions affecting each child's health, education and welfare. B. The parties shall share physical custody on a two-week rotation as follows: (1) Week one: Husband shall have custody from Monday evening until Thursday morning. Wife shall have custody from Thursday morning until Sunday night. (2) Week two: Husband shall have custody from Monday evening until Thursday morning. Wife shall have custody Thursday morning until Saturday morning. Husband will then have custody again from Saturday morning until the following Thrusday morning in accordance with paragraph 16.B.2 above. O) The parties shall establish a summer custodial schedule by April 15 of each year. In no event will Husband have the children during the summer for any less time than he does during the rest of the year. (4) During such times as each child resides with the parties as set forth below, the parent having physical custody shall be responsible for ail aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. C. The parties agree to share ail holiday time as equally as possible. Accordingly, they shall divide the holidays as follows: (1) Christmas shall be divided into two segments. Segment A shall be from December 24 at noon through December 25 at 10 De go 2:00 p.m. Segment B shall be from December 25 at 2:00 p.m. through December 26 at noon. Commencing in December 2003 and all odd-numbered years, Mother shall have custody during Segment A and Father shall have custody during Segment B. The segments shall reverse in even-numbered years. The remainder of the school recess for Christmas shall be divided as mutually agreed upon by the parties. Thanksgiving: the children shall spend their entire Thanksgiving school recess with Father in odd-numbered years and with Mother in even-numbered years. (3) Easter: the children shall spend their entire Easter school recess with Father in odd-numbered years and with Mother in even-numbered years. (4) Memorial Day weekend: the children shall spend the entire Memorial Day weekend with Father in even-numbered years and with Mother in odd-numbered years. (5) Labor Day weekend: the children shall spend their entire Labor Day weekend with Father in odd-numbered years and with Mother in even-numbered years. (6) Wife shall have custody of the children on Mother's Day and Husband shall have custody of the children on Father's Day. (7) The holiday schedule shall supercede the regular custody schedule. Husband and Wife agree that the schedule of custody as set forth herein may be modified at any time upon their mutual agreement. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end the best interests of the children in implementing the schedule of partial custody. Each of the parties shall permit reasonable telephone contact between the children and the other parent. 11 G. The parties agree to provide the other with sixty (60) days written notice prior to any relocation outside the children's current school district. 17. l.lf~ In~nranoo. Husband shall name the children, or a trust held for the benefit of the children, as sole irrevocable beneficiaries on a policy in the amount of $250,000.00 insuring Husband's life and Husband shall maintain said policy until the youngest living child attains age 22. Wife shall name the children, or a trust held for the benefit of the children, as sole irrevocable beneficiaries on all current policies insuring Wife's life and Wife shall maintain such policies until the youngest living child attains age 22. 18. I%dl rli~vlt~,nrlp' The respective 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 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. 19. !i~1~,,~,. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 20. lntl~mnifioati~ll. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the 12 other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party that might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. (~.pn~ral Provl*innS 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 foFth herein. 22. l~nir and I~,?,Itnhl~ Cnnt~n~8' The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and 13 that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 23. M~dlathm, In the event ora conflict, disagreement or breach of this Agreement by either party, the parties agree to submit the issue of breach and recovery of any damages to mediation. The parties shall agree upon a mediator. In the event the parties are unable to agree, then counsel for the parties shall select a mutually agreeable mediator. In the event that mediation is required, the cost of the initial session will be divided equally between the parties. The issue of the costs of further mediation will be discussed with the mediator in the initial session. Ifa good faith attempt at mediation is unsuccessful in helping the parties solve their differences, they may each pursue whatever remedies may be available to them. 24. Rro~eh_ It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, after mediation efforts have been exhausted, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 2S. Ex~e. thm of l~oenm~n~'5. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 26. Modifientlon. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14 27. ~ev~rahtll~y., If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 28. A.n.nltenhle l,.w. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvar~a. 29. A_orppmpnt Nat tn he Mpr~ed This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: Patricia S. Craig :, l~e~in W. Craig/ 15 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Patricia A. Craig, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Wimess my hand and seal this ._~.a~ day of f,~ c~o ~: ~ ~ ~ ,2003. COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Kevin W. Craig, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed~sla~e for the purposes therein contained. Witness my hand and seal this ](_~_t. day of ~J'~.J~ , 2003. l~'otary l~olic My Commission Expires: l~otarial Seal A~y L. Shugats, Notary Public ~mp Hill Boro, Cumbcrlaad County y Commission Expires Apr. 18, 2006 16 ///October 28, 2003 9:41 PM PATRICIA S. CRAIG, PLAINTIFF V. KEVIN W. CRAIG, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2832 CIVIL : : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 unswom falsification to authorities. Date: ',~ Kevin W. Craig, ~)efendant PATRICIA S. CRAIG, : PLAINTIFF : : KEVIN W. CRAIG DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2832 CWIL CWIL ACTION - DIVORCE ,A1717II~AVIT C~l~' 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 17, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed bom 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. 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 unswom falsification to authorities. Date: Kevin W. Craig, Defendant PATRICIA S. CRAIG, PLAINTIFF Vo KEVIN W. CRAIG, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-2832 CIVIL . CIVIL ACTION - DIVORCE Aggll~AVlT (~g CONgl~,NT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 aRer service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are trtae 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. ///October 28, 2003 9:41 PM PATRICIA S. CRAIG, PLAINTIFF V. KEVIN W. CRAIG, DEFENDANT : : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2832 CIVIL CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 unswom falsification to authorities. Date: JJ /6..~/O ~ Patrlcla S. Craig, Plaintiff II ///November 12, 2003 2:17 PM PATRICIA S. CRAIG, PLAINTIFF KEVIN W. CRAIG, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2832 CIVIL CIVIL ACTION - 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: The Complaint was served via first class mail on the defendant and the defendant later signed an Acceptance of Service for the complaint on July 3, 2003. 3. (a). Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff November 3, 2003; by defendant November 10, 2003. (b)(1). Date of execution of the affidavit required by §3301 (d) of the Divorce Code: N/A; N/A. (b)(2). Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. (a). Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b). Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date: {[~ 1.2 '05 SMIGEL, ANDERSON & SACKS LeRoy Smigel, Esquire I.D. #: 09617 Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attomey for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~~. PENNA. PA_CRICIA S. VERSUS ~V/N W. ~G N o. 03-2832 DECREE IN DIVORCE AND NOW,~ ~r~ =,~JD~, ,t IS ORDERED AND DECREED ThAT ?akri¢ia S. ~rai~ , PLAINTIFF, AND T~in W. P~? , 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; ~~ Tt i~ fl~'t-h~' O)~K)lql~)T)~) ~n~l FiI~PT~:~:I} (-h~ (-)q~ M~t't'~nge ~e. E3~(-l~n'~n~ executed by and between the parties, dated November 10, ~s incorporated by reference into this Decree enforcement, BY THE ATTEST: PROTHONOTARY