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HomeMy WebLinkAbout03-4067REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3- t/O (-, 7 ~ '-'/"z,-- CIVIL ACTION - LAW 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You am warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomcvs for Plaintiff KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : : CIVIL ACTION- LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p&ginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra pot la Corte. Una decisi6n puede tambidn set emitida en su contra pot caulquier otra queja o compensaction reclamados pot el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, YAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KlM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(A) (2). 3301 (A) (6). and 3301 (C) OF THE DIVORCE CODE 1. Plaintiff is Kim A. Crawford, an adult individual who currently resides at 25 Cornwall Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Steven M. Crawford, an adult individual who currently resides at 901 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 30, 1990 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely, Sarah A. Crawford, born on March 2, 1995, and Joshua B. Crawford, bom on September 2 I, 1997. 8. During the course of the marriage, Defendant Steven M. Crawford committed adultery and Plaintiff is entitled to a fault divorce under Section 3301 (A) (2) of the Divorce Code. 9. During the marriage the Defendant committed indignities against the innocent and injured Plaintiff/Spouse rendering her life burdensome and intolerable and she is entitled to a fault divorce under Section 3301 (A) (6) of the Divorce Code. 10. This marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(A) (2) or 3301 (A) (6) or 3301 (c) of the Divorce Code. 12. reference. 13. marriage. 14. COUNT I EQUITABLE DISTRIBUTION Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by Plaintiff and Defendant have acquired property, both real and personal, during their The parties have acquired marital debt during their marriage. 16. 17. 18. Plaintiff. 19. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiffrespectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS Plaintiff lacks sufficient property to provide for her reasonable needs. Plaintiff is unable to sufficiently support herself through appropriate employment. Defendant has sufficient income and assets to provide continuing support for the By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 20. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 21. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 22. Defendant has adequate earnings to provide for the Plaintiffs support and to pay counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the Plaintiff's request for alimony pendente lite, and counsel fees and costs. COUNT III - ALIMONY Plaintiff lacks sufficient property to provide for her reasonable needs after the parties are 23. divorced. 24. 25. Plaintiff is unable to sufficiently support herself through appropriate employment. Defendant has sufficient income and assets to provide continuing support for the Plaintiff after the divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant Plaintiff the amount of alimony. Dated: ~' [ ~'~ ~ By: Respectfully~ submitted, ~ REAGIbR & ADLER, PC Joann ~'l'e Attorney I.D. No.36461 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Kim A. Crawford, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Kim A. Crawford KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O3' tOt,':) CIVIL ACTION - LAW 1N DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, am authorized to accept service of the Complaint in Divorce on behalf of my client, Steven M. Crawford, in the above-captioned matter. KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4067 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Kindly withdraw on behalf of Klm A. Crawford, the Plaintiff herein, the claims for Fault under Section 3301(A)(2), Indignities under Section 3301(A)(6), Equitable Distribution, Alimony, Alimony Pendente Lite and Attorney's Fees and Costs hereto fi[ed in this matter. DATED: Respectfully submitted, Sup. Ct. I. D. #36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ESQUIRE Attorneys for P~mtiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Praecipe to Withdraw Claims was served on the following individuals via United States First Class Mail, postage prepaid as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Harmnelstown, PA 17036 Dated: Jo~arrison Clough, Ese ire MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this/~/~_ ~"day of March, 2004, by and between Kim A. Crawford (hereinafter "WIFE") and Steven M. Crawford, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on June 30, 1990, in New Cumberland, Cumberland County, Pennsylvania, 17010; and separated on August 19, 2003; and WHEREAS, the parties have two minor children of this marriage, Sarah A. Crawford, bom on March 2, 1995, and Joshua B. Crawford, bom on September 21, 1997; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to llve separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alirr~ony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the. covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of REAGER & ADLER, P.C. and HUSBAND is represented by John J. Cormelly, Jr., Esquire of JAMES, SMITH, DIETTERICK & CONNELLY, LLP. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if count;el has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE Aid'liON. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WI~E with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 03-4067 on August 19, 2003. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such lime as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECT_rrION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MlYrUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obhgations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely a~d unconditionally releases the other and his or her heirs, executors, and estate from any c]~irns arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, fa~dly exemption, or under the intestate laws, or the right to tmke against the sponse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution o£ this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DI.~iCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list o£ all property that either or both parties owned at the time of separal/on or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persom~ upon either party. 6. SEPARATION/IqON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 3 7. REAL PROPERTY. The parties are the joint owners of real properi~y located at 25 Comell Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. The parties further agree that in considerarion of the other property ~ransfers and promises contained in this Agreement, HUSBAND agrees to transfer to WIFE arty and all right, rifle, claim or interest he has whatsoever in the martial residence to WIFE. The property located at 25 Cornell Drive, Camp Hill, Pennsylvania shall become the sole and exclusive property of WIFE. WIFE agrees to apply to refimrnce the debt on said marital residence and if approved, to remove HUSBAND as an obligor on said debL HUSBAND and WIFE acknowledge that WIFE has received tenta~ve approval for a refinancing loan on the mortgage on said residence ~krough Broadview Mortgage. HUSBAND agrees to cooperate fully in WIFE's refinancing process including executing any documents necessary for WIFE tc, complete the refinancing. HUSBAND further agrees to execute a deed transferring his interest in the marital residence contemporaneously with the execution of this Agreement and agrees said deed shall be held in escrow by WIFE's counsel until the refinancing settlement. WIFE agrees to be solely responsible for ail mortgage, tax and utility payments associated with said real property and to be responsible for any costs associated with the refinancing of the debt on the marital residence t0 her sole obligation. In the event the refinancing of the mortgage on the marital re,'iidence does not occur within ten days of the date of execution of this Agreement, then WIFE agrees to reapply to refinance said debt to remove HUSBAND as art obligor thereon annually commencing in march of 2005. WIFE agrees to indemnify and hold HUSBAND harmless on the mortgage, taxes and other expenses associated with said real property until such time as refinancing occurs. 8. DEBTS. If a party has acquired debt, the par~es agree that each shall assume full and complete responsibility for his or her own debts. WIFE agrees to apply to refinance the joint debt associated with the purchase of the 2003 Honda Civic vehicle and to attempt to secure a loan in WIFE's name only for the b~dance due on the loan for the purchase of this vehicle. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such 4 debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE will assume sole responsibility for the joint PSECU credit card account and indenmify and hold HUSBAND harmless thereon. WIFE shah request to transfer said account into her sole name. WIFE represents and warrants to HUSBAND ~hat since the separation she has not, and in the future she will not, contract or irlcur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save I-IUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of certain retirement benefits through his employment_ WIFE is the owner of certain retire~ment benefits through her employment. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other reffrement benefits otherwise disclosed. HUSBAND and WIFE agree that WIFE shah receive 50% of the marital portion of all of HUSBAND's retirement benefits via ¢~alified Domestic Relations Order(s) (hereinafter referred to as "QDRO') to be prepared by Harry Leister. The cost of the preparation of said QDRO's shall be paid from the joint Oppenheimer account or by HUSBAND. Wife shall receive 50% of the marital portion of any of HUSBAND's retirement. WIFE shall receive 50% of the marital portion of HUSBAND's pension. Marital portion is the HUSBAND's accrued pension as of October 22, 2002, multiplied by a coverture fraclion-numerator is the years of service from June 30, 1990, to October 22, 2002, and the denominator is the year of service as of October 22, 2002. Upon HUSBAND's retirement, WIFE shall receiw.~ a portion of any lump sum withdrawal determined by multiplying (1) by (2) by (3) 'by (4) where (1), (2), (3) and (4) are as follows: (1) Accumulated deductions on date of separation, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually from October 22, 2002 until the date payments commence to the HUSBAND. (2) The coverhzre fraction. (3) 50.0% (4) Ratio obtained by dividing amoux~t of accumulated deductions the HUSBAND elects to receive by the total amc,mat of his accumulated deductions on the date payments commence to the HUSBAND. WIFE shall also receive an annuity payable to her as long as she lives based upon the excess of the present value of the HUSBAND's benefit assigned to her over the portion of any accumulated deductions paid to her. WIFE shall also be named as irrevocable beneficiary based upon the portion of the HUSBAND's benefit assigned to her in the event HUSBAND dies before his benefits commence. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. A. Oppenheimer fund. The parties acknowledge that they have an Oppenheimer Fund, account number 200993678.4. HUSBAND and WIFE agree that HUSBAND shall receive the Oppenh~-ner fund as his sole and separate asset. WIFE agrees to waive any right, title, claim or interest she may have in the Oppenheimer fund account to HUSBAND as part of his share of equitable distribution of the marital estate. 11. LIFE INSURANCE. HUSBAND maintains a life insurance policy through General American Life life insurance policy number 01-16050804 with a cash surrender value in August of 2003 of $ 4,717.81. HUSBAND and WIFE agree that HUSBAND shall retain this policy as his sole and separate asset. WIFE waives any- right, title, claim or interest she may have in this life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all ~_ngible personal property in his or her possession. The parries specifically agree that WIFE shall receive the contents of the marital residence as part of her share of equitable distribution of the marital estate and that HUSBAND waives any right, rifle, claim or interest he may have in the contents of the marital residence. 13. VEI-IICLES. WIFE owns a 2003 Honda Civic. Said vehicle is encumbered by a loan with Honda American Financial Services with an approximate balance of $17,946.88. HUSBAND agrees to waive any right, rifle, claim, or interest he may have in said automobile. WIFE shall remain the sole and exclusive owner of said automobile. WIFE agrees to apply to refinance said debt from the purchase of this vehicle pursuant to paragraph 8 of this AgreemenL WIFE agrees to indemn/fy and hold HUSBAND harmless on said loan liability and any other costs associated with this vehicle. 14. CHILD SUPPORT AND ALIMONY. HUSBAND shall pay to WIFE the sum of $ 2,570.00 per month in child support and alimony. The parties specifically acknowledge that this is to be an allocated order and that the monthly child child support obligation of HUSBAND is $1,881.93 and the monthly alimony obligation Of HUSBAND is $688.07. The parries specifically agree that HUSBAND shall pay alimony to WIFE in the mount of $688.07 per month for a period of One Hundred and Twenty (120) Months or Ten (10) years. Said alimony payments shall commence on the first day of the first month following the date of execution of this Agreement. The alimony payments shall be nonmodifiable and shall terminate only upon WIFE's cohabitation or remarriage, the death of one of the parties or the end of fire term as set forth above. Both parties agree that if HUSBAND is ever delinquent in his support or alimony obligations, the support and alimony provisions of this Agreement shall be reduced to Court Order and filed at Cumberland County Domestic Relations and collected by PaSCDU. 7 15. BANK~LrPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor :in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including aH a~orney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shaH be dlischarged or dischargeable, regardless of Federal or State law to the contrary, and ,each party waives any and aH right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shaH constitute support and maintenance and shall not be discharged in bankruptcy. 16. A'ITORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shah seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEME2qT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing thE~ terms thereof, the breaching party will pay aH reasonable attorneys' fees, court costs and expenses (including interest and travel costs, ff applicable) which are incurrad by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shaH bear the obligation of any and aH costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtmin an inventory and the appraisement of all mariUfl and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equ/table distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 9 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WIiEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness I<im A. Crawford ~ 10 COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : On the ~/~- day o~ ~, ~004, before ~e, a~Not~ ~'ub~c ~ ~d for the Commonwealth of Pennsylvania, the undersigned, officer, personally appeared Klm A. Crawford, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowleciges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set nay hand and notarial seal the day and year first above written. Notarial Seal Jennifer Gross, Notary Pub c Camp Hill Bore Cumberland County My.~ Commies on, Expires Sept .11. 2004 I?;,~!,~ r, P~ ~nsyl', ~!~ a Association ct: ~otaric'~ ~ ~fbnc - My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF O~ ~ : On the day of March, 2004, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Steven M. Crawford, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his/tee act and deed. /N WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. My Commission Expires: Notarial Seal Jennifer Gross, Notary Public Camp H§I Bom Cumberland County My Comm salon Expires Sept. 11, 2004 'l~,a~r Po m~¥1,,~mla A~sociation c~ ;~otaric; 11 KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND C, OUNTY, PENNSYLVANIA NO. 034067 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was->e ~,., ~'~ August 19, 2003. 2. The marriage of Plaintiff and Defendant is irretriewably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at'ter 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 Pa.C.S. ,~ect~on 4904 relating to unsworn statements herein are made subject to the penalties of 18 ~' ' falsification to authorities. Date: STEVEN M. CRA gqFO~~ KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4067 CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C~ OF Tile 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 ifI 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 unsworn falsification to authorities. Dated: STEVE~M. CRA~WFO~ KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant 1N THE COURT OF COMMON PLEAS , y CUMBERLAND COUNT , PENNSYLVANIA NO. 03-4067 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 19, 2003. 2. The marriage of Plaintiff and Defendant is irretriewtbly broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~' 5\- C' ( KlM A. CRAWFORD KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4067 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION 3?0 REOUEST 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 ifI 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. {i 4904 relating to unswom falsification to authorities. Dated: KIM A. CRAWFORD KIM A. CRAWFORD, Plaintiff STEVEN M. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4067 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: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney, John J. Connelly, Jr., Esquire, on the 16~ day of September, 2003 by signing an Acceptance of Service. Acceptance of Service was filed with the court on September 23, 2003. 3. Date of execution of the Affidavit of Consent reqtfired by § 3301(c) of the Divorce Code: by Klm A. Crawford, Plaintiff, on March 31, 2004; by Steven M. Crawford, Defendant, on March 31, 2004. 4. Related claims pending: Settled by Marital Settlement Agreement dated March 31, 2004. Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was fried with the April 8, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the April 8, 2004 Respectfully submitted, REAGER & ADLER, PC Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff =?3 1N THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY KIM A. CRAWFORD STATE OF ~~ PENNA. NO. 0~i-4067 VERSUS STEVEN M. CRAWFORD DECREE iN DIVORCE AND NOW, DECreED THat KIM A. CRAWFORD AND STEVEN M. CRAWFORD ARE DIVORCED FROM THE BONDS Of MATRIMONY. , 7~a~/ , IT IS OrDErED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLI_OWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH a FINAL OrDEr HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated March 31, 2004 and attached hereto are incorporated herein but not merged herewith. BY THE COURT: ATTEST://zv/~ , //} J' U PROTHONOTARY