HomeMy WebLinkAbout99-03789'C:x.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
rrrtam A GRIGG
NO. ( 99-3789
AT.AT NTTFF -
VERSUS
JACQUELINE M. GRIGG
nFFFmnA m
DECREE IN
DIVORCE
AND NOW, tabu ? / , -40" , IT IS ORDERED AND
DECREED THAT KURT A- GRIGG _, PLAI NTIFF,
AND--4AGQUBb!ME M• GRIGG _, 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;
MERGED
BY zu;kl
ATTE J.
PROTHONOTARY
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KURT A. GRIGG,
V.
Plaintiff
JACQUELINE M. GRIGG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3789 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
THIS AGREEMENT, made thisC2?day of yl z l1GC-- , 2001, by and
between KURT A. GRIGG, hereinafter referred to as "Husband", and JACQUELINE M.
GRIGG, hereinafter referred to as "Wife".
WHEREAS, the parties hereto are Husband and Wife, having been married on
September 14, 1985 and are the parents of 3 minor children, namely: Ryan J. Grigg, born
August 1, 1990; Brittany A. Grigg, born January 30, 1988; and Amanda M. Grigg, born May
5, 1993; and
WHEREAS, differences have arisen between Husband and Wife, as a result of which it
is the desire of the parties after long and careful consideration, amicably to adjust, compromise
and settle all property rights and all rights in, to, or against each other's property or estate,
including property heretofore or subsequently acquired by either party, and to settle all
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disputes existing between them, including any and all claims for maintenance, support,
alimony, equitable distribution, counsel fees, and costs; and
WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to
wasting; and ?
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements hereinafter contained, each of the parties hereto, intending to be legally bound
hereby promises, covenants, and agrees as follows:
1.
PARTIES TO LIVE SEPARATE AND APART
The parties mutually agree to live separate and apart. Neither party will molest the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence of the other.
2.
PERSONAL PROPERTY
Husband and Wife have divided all personal property, which would constitute marital
property. Wife agrees that any property in the possession and control of Husband shall be the
sole and separate property of Husband. Husband agrees that all property in the possession and
control of Wife shall be the sole and separate property of Wife. Each of the parties does
hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he
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or she may have to the sole and separate property of the other.
3.
MARITAL DEBTS
Husband and Wife each covenant, represent, and agree that each other will now and at
all times hereafter save harmless and keep the other indemnified from all debts, charges, and
liabilities incurred by the other prior to or after the effective date of this Agreement, except as
may be otherwise specifically provided for the by the terms of this Agreement.
4.
REAL PROPERTY
Husband and Wife agree that they are fee simple owners of real property located at 117
Mountain View Drive, Enola, Cumberland County, Pennsylvania, which constitutes marital
property. Husband waives any interest in the marital home. In consideration of Husband's
waiver of any interest in the marital property, the parties agree that the Wife will refinance the
home within 90 days of the date of this agreement. Wife's counsel shall prepare a deed for the
marital property transferring Husband's interest to Wife. Husband agrees to execute the deed
transferring his interest in the home concurrently with the execution of this Agreement.
Husband's counsel shall retain the deed pendin; Wife's refinance.
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5.
ALlM ?NY AND SUPPORT FOR CHILDREN
Upon entry of the Divorce Decree, Husband agrees to pay support in the amount of
$2,383.00 per month; $1,466.00 is allocated for the child support for three (3) children; and
$917.00 per month as alimony. Said alimony shall be non-taxable and shall continue for a
period of 72 months, commencing the month following the entry of the Divorce Decree and
continuing thereafter. Said amount of alimony shall be non-modifiable in amount and tax
status. Husband agrees that he shall pay Wife no less than $2,383.00 per month in support for
a period of 72 months. Wife reserves the right to petition the court to increase the portion
attributable to child support. However, the parties agree that Wife's receipt of alimony shall
have no bearing on said calculation.
In addition, Husband shall pay 35% of any net bonus to Wife within 10 days of the
receipt of said amount as taxable alimony. The payment of the bonus percentage shall be non-
modifiable, except in the event that Husband voluntarily changes his employment status, thus
effectively removing the receipt of any bonus or commission payment. In the event that
Husband voluntarily alters his income or receipt of a bonus, alimony shall be modifiable to the
extent of Wife's entitlement to an amount greater than $917.00 per month. In no event shall
Wife receive less that $917.00 per month in alimony for a period of 72 months. The parties
agree that the obligation of Husband to pay alimony shall terminate upon the death of Wife,
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remarriage of Wife, or cohabitation of Wife as defined in the Divorce Code. Alimony payable
pursuant to this Marriage Settlement Agreement shall be modifiable should the husband lose
his employment through no fault of his own actions.
6.
CHILD CUSTODY
The parties acknowledge that they are the parents of Brittany, age 13, Ryan, age 10,
and Amanda, age 8. The parties acknowledge that the Wife has primary custody of the
children and the Husband has shared physical custody on an agreed upon basis.
7.
BANK ACCOUNTS AND INVESTMENT PLANS
Wife shall retain her Members First accounts valued at $584.00, $5,063.00, and
$160.00. Wife shall retain her Lincoln Life savings account with a value of $7,462.00.
Husband hereby agrees to waive any right, title and interest to the above bank accounts and
investment plan.
Husband is the owner of a Merrill Lynch investment account. Wife hereby agrees to
waive her right, title and interest to the specified Merrill Lynch investment account.
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8.
WAIVER OF INTEREST IN RETIREMENT
Husband currently participates in a 401k pension plan with his employer which has a
value of approximately $14,000.00. Wife participates in a Fidelity retirement account with
her employer, Holy Spirit Hospital, with an approximate value of $22,000.00. The parties
agree and expressly waive and relinquish any right, title, or interest in each others pension
plans whether vested or unvested, matured or unmaturcd.
9.
INSURANCE
Husband is the owner of two (2) life insurance policies, namely State Farm policy
number 0791-0984 and policy number 0990-0155. Husband shall remain the owner of said
policies and will receive as part of the equitable distribution the cash values of $2,544.00 and
$741.00. Husband agrees to maintain life insurance in the amount of $150,000.00 insuring his
life. Wife shall be named as the irrevocable beneficiary of said policy in the amount of
$95,000.00 for the first year. Wife's entitlement as a beneficiary shall be reduced by
$15,000.00 after each year she receives alimony. For example, in the year 2002, said
entitlement shall be reduced to $80,000.00 upon completion of payment of one year of
alimony. Upon the final payment of alimony pursuant to this agreement, Husband shall no
longer be required to maintain Wife as a beneficiary on said policies and can name a
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beneficiary of his choice. Husband shall provide to Wife proof of said insurance on an annual
basis within 10 days of the modification of the beneficiary language. In the event of
Husband's death and Husband's failure to fist Wife as a beneficiary on said policies, his
obligation shall become a debt of his estate and Husband agrees that said obligation shall be
paid prior to the disbursement on any other funds from his estate.
10.
LEGAL REPRESENTATION
Husband and Wife declare that each has had a full and fair opportunity to obtain and
consult with legal counsel of his/her selection and that the parties, cognizant of their legal
rights, declare and express that:
A) Austin F. Grogan, Esquire, represents Husband, Kurt Grigg; and
B) Debra C. Cantor, Esquire, represents Wife, Jacqueline Grigg .
11.
MUTUAL DISCHARGE
Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband
relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for
himself or herself, his or her heirs, executors, administrators or assigns does remise, release,
quitclaim and forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of any and all claims, demands, damages, actions,
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causes of action or suits of law or inequity of whatsoever kind or nature for or because of a
matter or thing done, omitted or suffered to be done by said party prior to and including the
date hereof, except that this release shall in no way exonerate or discharge either party hereto
from the obligations and promises made and imposed by reason of this Agreement.
12.
NO-FAULT DIVORCE
An action for Divorce has been instituted by the Husband in the Court of Common
Pleas of Cumberland County, Pennsylvania, docketed to No. 99-3789 alleging that the
marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of the
Divorce Code.
It is hereby agreed that the marriage is irretrievably broken and that coincident to the
signing of this Agreement, both parties will execute affidavits of consent to the entry of a
Decree in Divorce under Section 3301(c) of the Divorce Code.
13.
EXECUTION AND DELIVERY OF DOCUMENTS
The parties hereto agree to execute and deliver all papers needed to effectuate the terms
and intentions of this Agreement.
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14.
BREAcHiNG PARTY PAYS COSTS
If either party breaches any provisions of this Agreement, the other party shall have the
right, at his or her election, either to sue for specific performance or for damages for such
breach, and the party breaching this Agreement shall be responsible for reasonable legal fees
and costs incurred by the other in enforcing his or her rights under this Agreement.
15.
GENERAL PROVISIONS
This Agreement encompasses all agreements between the parties concerning the matters
set forth herein and may not be altered or omitted except in writing executed by the parties;
the waiver of any tern, condition or provision of this Agreement shall in no way be deemed a
waiver of any other term, conditions or provisions of this Agreement.
If any term, condition or provision of this Agreement shall be determined to be void or
invalid in law or otherwise, then only that term, condition or provision shall be stricken from
this Agreement, and in all other respects, this Agreement shall be valid and continue in full
force.
It is agreed by and between the parties hereto that this Agreement shall survive and
shall not be merged into any decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or the substance of the provisions
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thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This
incorporation, however, shall not be regarded as a merger, it being the specific intent of the
parties to permit this Agreement to survive any judgment and to be forever binding and
conclusive upon the parties.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
This Agreement is executed in triplicate, and Husband and Wife, as parties hereto,
acknowledge the receipt of a duly executed copy hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date
first above written.
WITNESS: At
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JpACQW-LINE M. GRIGG, Defendan
KURT A. GRIGG, Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, the day ofi i0?c r?cf?cii _ 2001, before me, the
undersigned officer, personally appeared KURT A. GRIGG, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Agreement, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal.
Rhonda D. Rudy, Nobuy Public
Camp Hill Born, Cumberland
Ay Commission Expires Aug. 12, 2 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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On this, the day of , ?,71 ru0 i _, 2001, before me, the undersigned
officer, personally appeared JACQUELINE M. GRIGG, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Agreement, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal.
7f 2 arc . _
NOTARY
F Normal Seal
Cebomh L Bronnertlan, Notary Public
Camp Hal Bom, Cumberland County
My Commission Explma June 18, 2002
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KURT A. GRIGG,
Plaintiff
V.
JACQUELINE M. GRIGG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3789 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint:
By certified mail on June 26, 1999.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff September 26, 2001; by Defendant September 27, 2001
4. Related claims pending: All claims raised resolved in Marriage Settlement
Agreement dated September 27, 2001.
5. Date Plaintiff's Waiver of Notice
Prothonotary: September 28, 2001.
Date Defendant's Waiver of Notice
Prothonotary: September 28, 2001.
Date: S'- Z -7 - ° I
in § 3301(c) Divorce was filed with the
in § 3301(c) Divorce was filed with the
?Cd ?Gl ?hquXe
Austin F.
Grogan Attorney for Plaintiff
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1956
Id N 59020
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
1, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the
Praecipe to Transmit the Record in the above-captioned matter to the Defendant, Jacqueline M.
Grigg, on September 28, 2001, to the following:
Debra Cantor
REAGER & ADLER, PC
2331 Market Street
Camp Hill, PA 17011
which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403.
I understand that false statements are made herein are made subject to the penalties of
Pa.C.S. § 4904, relating to unswom falsification to authorities.
Austin F. Grogan, qu', e
Attorney for Plaintiff
24 North 32°' Street
Camp Hill, PA 17011
(717) 737-1956
ID #59020
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KURT A. GRIGG, IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
JACQUELINE M. GRIGG, CIVIL ACTION -LAW
Defendant. No 99.37&9
Civil Tenn
M DIVORCE
NOTICE TO DEFEND AND AIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
foregoing 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 in 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 other 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:
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
KURT A. GRIGG,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION - LAW
JACQUELINE M. GRIGG,
Defendant. No. Civil Term
IN DIVORCE
NOTICE OF AVAILABILITY OF O NSE ING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court require you
and your spouse to attend marriage counseling prior to a divorce being handed down by the court.
A list of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver
of your right to request counseling.
KURT A. GRIGG, IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
JACQUELINE M. GRIGG, CIVIL ACTION - LAW
Defendant. No. Civil Term
IN DIVORCE
COUNTI
COMPLAINT IN DIVORCE UNDER § 3301 (c)
OR § 3301(d) OF THE DIVORCE CODE
Plaintiff, by and through his attorney, Melissa Peel Greevy, respectfully represents:
I. Plaintiff is Kurt A. Grigg, who currently resides at 4173 Grouse Court, Apt. 117,
Mechanicsburg, Cumberland County, Pennsylvania, since February, 1999.
2. Plaintiffs Social Security Number is 204-58-4080.
3. Defendant is Jacqueline M. Grigg, who currently resides at 117 Mountain View
Drive, Enola, Cumberland County, Pennsylvania, since October 1988.
4. Defendant's Social Security Number is 195-42-0774.
5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth
of Pennsylvania for a period of more than six months immediately preceding the filing of this
Complaint.
6. The parties were married on September 14, 1985 in Ashville, Cambria County,
Pennsylvania.
There are three children born of this marriage.
Brittany A. Grigg Born 1-30-88 Age 11
Ryan J. Grigg Born 8-1-90 Age 8
Amanda M. Grigg Born 5-5-93 Age 6.
8. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
9. There have been no prior actions of divorce or annulment between the parties.
10. The marriage is irretrievably broken.
11. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request the court require the parties to participate in counseling.
12. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
COUNT 11- EQUITABLE DISTRIBUTION
13. Paragraphs 1-12 of this Complaint are incorporated by reference as if set forth at
length.
14. Plaintiff and Defendant have acquired property, both real and personal, during
their marriage, from September 14, 1985 until their separation in October 1998.
15. Plaintiff and Defendant have not agreed as to an equitable division of said
property.
WHEREFORE, Plaintiff requests your Honorable Court to equitable divide all marital
property.
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. /f
Date: 7 /S i l ?T T
Kurt A. Grigg
Respectfully submitted, /?
Date: ?ao L &9 z Li-
Melissa Peel Greevy, Esquire
I.D. No. 77950
214 Senate Avenue Suite 602
Camp Hill, PA 17011-2336
(717) 763-8995
Counsel for the Plaintiff
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KURT A. GRIGG, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND, COUNTY, PENNSYLVANIA
No. 99-3789 Civil Term
V.
JACQUELINE M.GRIGG, IN DIVORCE
Defendant.
CERTIFICATE OF SERVICE
I, Melissa Peel Greevy, Counsel for Plaintiff in the above captioned matter, do hereby
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certify that I have served the Defendant, Jacqueline M. Grigg, with a true and correct copy of the
Divorce Complaint by placing same in the U.S. Mail, certified, restricted delivery, return receipt
requested, and postage prepaid. The Divorce Complaint was also placed in regular U.S. Mail on
June 25, 1999. The signed receipt indicating service was made on June 26, 1999 is attached
hereto..
Date: lobvp?
Melissa Peel Greevy, Esquire
214 Senate Avenue Suite 602
Camp Hill, PA 17011-2336
(717) 763-8995
Counsel for the Plaintiff
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KURT A. GRIGG, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-3789 CIVIL TERM
JACQUELINE M. GRIGG, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 22, 1999.
2. The marriage of Plaintiff and 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.
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 unworn
falsification to authorities.
Date SFPT *2 00
KURT A. GRID
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KURT A. GRIGG,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3789 CIVIL TERM
JACQUELINE M. GRIGG,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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 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: SEA Ze, 1e:o
KURT A. GRIGG
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KURT A. GRIGG,
Plaintiff
V.
JACQUELINE M. GRIGG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3789 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 22, 1999.
2. The marriage of Plaintiff and 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.
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 unworn
falsification to authorities.
Date ?
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YACQ LINE M. GRIGG
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KURT A. GRIGG,
Plaintiff
V.
JACQUELINE M. GRIGG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3789 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
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 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
unworn falsification to authorities.
Date:
AC ELINE M. I
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KURT A. GRIGG, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JACQUELINE M. GRIGG,
Defendant
NO. 99-3789 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this 134 day of 2001, upon consideration of the
Petition to Bifurcate Divorce it is hereby Ordered and Directed that a Hearing be scheduled for
the 8a day of ,r /L , 2001 at 16:3Ci :4.M. in courtroom # y of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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KURT A. GRIGG,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3789 CIVIL TERM
JACQUELINE M. GRIGG,
Defendant
CIVIL ACTION -LAW
IN DIVORCE
PETITION TO BIFURCATE DIVORCE
AND NOW, this _Lrday of July 2001, the Plaintiff/Petitioner, Kurt A. Grigg, by
and through his attorney, Austin F. Grogan, Esq. avers the following:
1. The Plaintiff filed for Divorce on or about June 22, 1999 averring that the
parties have lived separate and apart since October 1998 and requested the Divorce be entered
pursuant to § 3301(c)(d) of the Divorce Code;
2. Service of the complaint was made on or about June 26, 1999 by certified mail;
3. In addition to the request for Divorce the Plaintiff raised the Count of Equitable
Distribution;
4. The defendant is represented by Debra Cantor who has been negotiating with the
undersigned attorney regarding alimony and equitable distribution;
5. The defendant has not filed any amended complaint, answer, or new matter,
raising alimony, fees, or costs;
6. The parties have lived separate and apart for more than two years and continue
to live separate and apart with no prospects of reconciling;
7. The dispute between the parties is in the nature of the amount of alimony to be
paid and division of marital property.
WHEREFORE, the Plaintiff/Petitioner respectfully requests this Honorable Court to
Bifurcate the Divorce and preserve the economic claims properly raised by the plaintiff or
defendant in the pleadings.
Date 44.3/ ow
CL" ,1" '"
Austin F. Grogan( Esq r
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1956
Attorney for Defendant
ID 1159020
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KURT A. GRIGG,
Plaintiff
V.
JACQUELINE M. GRIGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3789
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S RESPONSE TO PETITION
TO BIFURCATE DIVORCE
AND NOW, comes Defendant, Jacqueline M. Grigg, by and through her counsel, Reager
& Adler, PC and responds to Plaintiff's Petition to Bifurcate Divorce as follows:
1. Admitted in part; denied in part. It is admitted that Plaintiff filed for divorce on or
about June 22, 1999 and that the Complaint averred that the parties had been living separate
and apart since 1988. However, the parties reconciled and finally separated in January of 1999.
2. Admitted.
3. Admitted.
4. Admitted. It is admitted that the undersigned represents Defendant. It should be
noted that Defendant, through counsel, has vigorously pursued a resolution to this matter.
However, counsel for Plaintiff (both current and prior) have failed to diligently pursue the
finalization of this matter. Specifically, Plaintiff has taken extended periods of time in
answering discovery and have left unanswered proposals for settlement in excess of seven (7)
weeks.
5. Denied. Defendant filed a petition raising claims for equitable distribution, alimony
pendente lite, counsel fees and costs on August 9, 2001.
6. Admitted. By way of further answer, Plaintiff has failed to file the required 3301(d)
Affidavit and to serve it on Defendant pursuant to the Rules of Civil Procedure.
7. Admitted. It is admitted that the parties have yet to resolve issues of alimony,
alimony pendente lite, and division of marital property.
WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's
Petition for Bifurcation of Divorce.
NEW MATTER
8. Paragraphs 1 through 7 of Defendant's Answer to Petition to Bifurcate Divorce are
incorporated herein by reference.
9. Plaintiff has failed to follow the Rules of Civil Procedure in filing a 3301(d) Affidavit
it and serving it on Defendant.
10. The parties exchanged discovery information on February 21, 2001.
11. On April 2, 2001, Defendant made her first offer of settlement in this matter.
12. On May 8, 2001, Plaintiff's counsel indicated a disagreement with the calculations
for support. Additional income information was provided by Plaintiff on June 27, 2001. On
July 5, 2001, Defendant made her last proposal regarding alimony and division of equitable
distribution.
13. To date, Plaintiff or his counsel have failed to contact defense counsel regarding
these proposals.
_1.
14. Plaintiff's counsel's next contact with defense counsel's office was this Petition for
Bifurcation.
15. Defendant has in no manner delayed this proceeding and has attempted on a
variety of occasions to bring this matter to a close. Plaintiff has deliberately failed to respond
to settlement proposals and has exhibited an intent to delay this matter indefinitely.
16. It should be specifically noted that at no time has Plaintiff filed an Inventory,
Income and Expense Statement, or moved to list this case for the appointment of a Master
despite its readiness to do so.
17. The entry of a bifurcated divorce would severely prejudice Defendant.
18. By the entry of a divorce decree, Plaintiff would have no further incentive to finalize
this matter.
19. Upon entry of a divorce decree, Defendant's rights to inheritance cease, while the
distribution of the marital property remains unresolved. Therefore, Defendant will no longer
have rights of inheritance and would be in a position where the equitable distribution of the
marital property could be dragged out indefinitely.
20. Plaintiff is clearly in a position to list this case for a Master's hearing to have all
matters resolved, as discovery is complete and any information needed by the Master is
available.
21. Plaintiff seeks to circumvent the equitable distribution of property by this petition
to bifurcate and in doing so, greatly prejudices Defendant.
-3-
WHEREFORE, Defendant respectfully requests that this Petition to Bifurcate Divorce
be denied and that this matter be set for hearing with a Divorce Master.
Respectfully submitted,
REAGER & ADLER, PC
i
Date: By:
Oefir 96nis n Cantor, Esquire
2331 Nfa-rket Street
Camp Hill, PA 17011
717-763-1383
Attorneys for Defendant
-4-
CERTIFI
AND NOW, this day of 2001, 1 hereby verify that I have
caused a true and correct copy of the foregoing document, Defendant's Answer to Petition
for Bifurcation, to be placed in the U.S. mail, first class, postage prepaid and addressed as
follows:
Austin Grogan, Esquire
24 North 32nd Street
Camp Hill, PA 17011
Ang la A. Kelly
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REAGER, ADLER., PC
By: Debra Denison Cantor, Esquire
Attorney I.D. No. 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
KURT A. GRIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JACQUELINE M. GRIGG,
Defendant
No. 99-3789
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ALIMONY ALIMONY PENDENT LIT
COUNSEL FEES AND EXPENSES AND EQUITABLE DI TRIB TION
AND NOW comes the Defendant, Jacqueline M. Gregg, by her attorney, Debra Denison
Cantor and petitions this Honorable Court for alimony, alimony pendente lice, counsel fees and
expenses, and equitable distribution of the marital property relevant to his/her Complaint in
Divorce, and in support thereof, respectfully represents as follows:
I. By reason of this action, Defendant has incurred considerable expense in the
preparation of her case and the employment of counsel and the payment of costs.
2. The Defendant is without sufficient funds to support herself and to meet the costs
and expenses of this litigation.
Defendant's income is not sufficient to provide for her reasonable needs and to
pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain
herself during the pendency of this action.
I
4. Plaintiff has adequate earnings to provide for the Defendant's support and to pay
her counsel fees, costs and expenses.
5. Defendant lacks sufficient property to provide for her reasonable needs.
6. Defendant is unable to support herself through appropriate employment.
7. Plaintiff has sufficient income and assets to provide continuing support for the
Defendant.
8. Plaintiff and Defendant possess various items of marital property which are
subject to equitable distribution by this Court.
WHEREFORE, Defendant prays this Honorable Court enter an Order making equitable
distribution of the marital property and awarding her alimony, alimony pendente lite, counsel
fees, expenses and costs.
REAGER
Dated:
, Esquire
2331 Nfarket Street
Camp Hill, PA 17011
(717) 763-1383
KURT A. GRIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-3789
JACQUELINE M. GRIGG,
Defendant : CIVIL ACTION -LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 916 day of August, 2001, I hereby verify that I have caused a true and
correct copy of the foregoing document, Petition for Alimony, Alimony Pendente Lite, Counsel
Fees and Espenses and Equitable Distribution, to be placed in the U.S. mail, first class, postage
prepaid and addressed as follows:
Dated: August 9, 2001
Austin F. Grogan, Esquire
24 North 32nd Street
Camp Hill, PA 17011
REAGER, ADLER, P.C.
By:I
Debra'Dems tor, squire
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