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HomeMy WebLinkAbout08-4379c Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000.Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff NICOLE L. CRAWFORD Plaintiff -v- LIONEL CRAWFORD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- g3rlq e iya Term CIVIL ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the, following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office of the County Courthouse. 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 (717) 249-3166 Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 0?-- q3 7 c)v 1 -?ccK LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is NICOLE L. CRAWFORD, an adult individual residing at 131 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is LIONEL CRAWFORD, an adult individual residing at 760 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 14, 2004 in Cumberland County, Pennsylvania. 5. There are no minor children born of the marriage. 6. There have been no prior actions for divorce or annulment between the parties. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with Section 3301 of the Pennsylvania Divorce Code. COUNTI SUPPORT ALIMONY PENDENTE LITE AND ALIMONY 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated hereby by reference thereto. 11. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. WHEREFORE, Plaintiff, NICOLE L. CRAWFORD, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a divorce; B. Awarding Plaintiff support, alimony, and alimony pendente lite; and C. Awarding other relief as the Court deems just and reasonable. Respectfully Submitted: & SCARWGI, P.C. Date: '1 D BY) No. 90951 ttorney for Plaintiff 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. O - L/ 3 7 ?? c-11 1k LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: -'; NI E L. C O Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE VERIFICATION I, Nicole L. Crawford, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Nicol . Cra 'k h } P Fr - ? toe p D rm c c 03 ? o ?7? r NICOLE L. CRAWFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 084379 CIVIL TERM LIONEL CRAWFORD, IN DIVORCE Defendant/Respondent : ORDER OF COURT AND NOW to wit, this 22nd day of July 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a medical support order being entered under PACSES #467110133 and docketed at 00551 S 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: 6 Edward E. Gui , J. DRO: R.J. Shadday xc: Petitioner Respondent James A. Miller, Esq. Debra R. Mehaffie, Esq. Form OE-001 Service Type: M Worker: 21005 r-? ? - ° C3 ? c? ? G .? ...? ?"S"1 ?'S _?.?r, y `t' ?' ! } }? l " ° _ ?? 3 ?° ? .? Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- :NO. QY- '(3J LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Lionel Crawford, accept service of the Notice to Defend, Complaint in Divorce, and Affidavit of Counseling on the date indicated below. Date. c ionel Crawford 760 Walton Stree Lemoyne, PA 17043 C"? , ?? ? c?a _-.? .?. ?,,... -?' -c ,.: 1 . 0?'Y j'Tl ,.? . , "' ' . [ ? ?% -4 NICOLE L. CRAWFORD Plaintiff / Petitioner -v- LIONEL CRAWFORD Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - DIVORCE No. 08-4379-CIVIL TERM IN DIVORCE REQUEST FOR APPEAL ON BEHALF OF NICOLE L. CRAWFORD AND NOW COMES, Plaintiff / Petitioner Nicole L. Crawford, by and through her attorneys Scaringi & Scaringi, P.C. who respectfully requests a de novo hearing concerning the Order of July 22, 2008: 1. Plaintiff/ Petitioner filed a divorce complaint raising a claim for Alimony Pendente Lite on July 22, 2008. 2. A support conference was held on July 22, 2008 whereupon the parties could not agree upon the date of separation nor the reason for separation. 3. By Order dated July 22, 2008, Plaintiff/ Petitioner's Petition for Alimony Pendente Lite was dismissed without prejudice, pursuant to a medical support order being entered under PACSES No. 467110133 and docketed at 00551 S 2008. A true and correct copy of this Court's order is attached hereto. 4. Plaintiff/ Petitioner desires to appeal the decision to dismiss her claim for Alimony Pendente Lite due to her ongoing need for financial support during the pendency of this divorce, counsel fees incurred by Plaintiff, the differences in earnings between the parties, the length of the marriage and the joint obligations of the parties. WHEREFORE, Plaintiff / Petitioner Nicole L. Crawford respectfully demands a hearing de novo before the Court regarding the Order of July 22, 2008. Respectfully submitted: GI & SCARINGI, P.C. 0j1 / u8 BY: b R. Mehaffie, Esquire U . No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 ,?- . dP- .w NICOLE L. CRAWFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4379 CIVIL TERM LIONEL CRAWFORD, IN DIVORCE Defendant/Respondent ORDER OF COURT AND NOW to wit, this 22nd day of July 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a medical support order being entered under PACSES #467110133 and docketed at 00551 S 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: Edward E. Gui W?T. DRO: R.J. Shadday xc: Petitioner Respondent James A. Miller, Esq. Debra R. Mehaffie, Esq. Service Type: M Form OE-001 Worker: 21005 NICOLE L. CRAWFORD, Plaintiff/Petitioner VS. LIONEL CRAWFORD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4379 CIVIL TERM IN DIVORCE NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until August 11, 2008 to request a hearing do novo before the Court. File request in person at: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CC363 ,- NICOLE L. CRAWFORD :IN THE COURT OF COMMON PLEAS OF Plaintiff/ Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA -v- :CIVIL ACTION - DIVORCE LIONEL CRAWFORD Defendant/Respondent : No. 08-4379-CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., do hereby certify that on this, the 1 lcn day of August, 2008, I served a true and correct copy of the foregoing Request for Appeal on Behalf of Nicole L. Crawford, upon the following individual by way of First Class Mail, Postage Prepaid: James A. Miller, Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill, PA 17011 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 ? II 01q Date timanua L. Lmerson, raralegal C 4 co .? r r-! C= n C 0 NICOLE L. CRAWFORD, Plaintiff V. LIONEL CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4379 CIVIL ACTION IN DIVORCE PRAECIPE TO ENTER AND WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Plaintiff, Nicole L. Crawford pro se in the above- captioned matter. Date: _y- I q-6 Kindly withdraw the appearance of Debra R. Mehaffie, Esquire, on behalf of Plaintiff Nicole L. Crawford in the above-captioned matter. submitted, Date: P-a l Ju Mehaffie, Esquire Court ID. No. 90951 ,tScaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 717-657-7797 fax debra0'. scarinizila«- com C .1r-"p .. 1 v ? NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -V- : NO. D (? ?7 LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE i AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the defendant on July 22, 2008 by personal service. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that 1 may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworq falsification to authorities. Date: +u?, m 701- Lionel Crawfo h.1 " ) , ? i? . ? ''7 • ` _ '.3 : ..e.KK ,,T.. ...? .. _. _1. R c.? _. .. Z. '.e:. NICOLE L. CRAWFORD Plaintiff -v- LIONEL CRAWFORD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO._Q?? CIVIL ACTION IN DIVORCE i WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn f sification of authorities. Date: Lionel Crawford ?~. 'a 7 c .:. ; { 1 ?°?.? -? a=? Td NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS va `: Plaintiff : CUMBERLAND COUNTY, PENNSYLV IA -v- : NO . LIONEL CRAWFORD :CIVIL ACTION --- ..? ?; IN DIVORCE i AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the defendant on lily 22 100B by personal service upon defendant 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date:` l1J'?"?Q NICOLE L. CRAWFORD Plaintiff -v- LIONEL CRAWFORD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 4?' 4F?7 CIVIL ACTION IN DIVORCE C? r; -, r1?a i N 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. N (d.:r 2. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of aAorities. Date: /-/5 10 -r --r :.C L I PLED-Ot'FM MARITAL SETTLEMENT AGREEMENT j`'"N; day of Decemberr E ? 11` 00 THIS AGREEMENT made this NN between Lionel Crawford, hereinafter called "Husband and Nicol pp", N&OWOU hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on August 14 2004, Cumberland County, Pennsylvania; and, WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the 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; 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 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 hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to ,r, s r Crawford MSA their living apart. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife filed to Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania, Docket Number 08-4379 Civil Term, a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania Divorce Code. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Each parry shall execute any and all documents I have read and understand the contents on this page. LC XLC NLC 2 . Crawford MSA which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions 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. WIFE DOES HEREBY ACKNOWLEDGE THAT SHE SHALL IMMEDIATELY EXECUTE ANY AND ALL FINAL DOCUMENTS NECESSARY TO CONCLUDE THE DIVORCE ACTION ONCE HUSBAND PROVIDES EVIDENCE TO WIFE THAT THE NEW CUMBERLAND FEDERAL CREDIT UNION LOAN (as is further described hereinbelow) IS PAID IN FULL. HUSBAND HEREBY ACKNOLWEDGES THAT HE SHALL KEEP WIFE ON HIS MEDICAL HEALTH INSURANCE PLAN UNTIL THE FINAL DECREE IN DIVORCE IS ENTERED. THE PARTIES ACKNOWLEDGE THAT HUSBAND SHALL NOT REQUEST WIFE'S EXECUTION OF FINAL DOCUMENTS UNTIL AFTER HUSBAND HAS PAID THE NEW I have read and understand the contents on this page. LC_ NLC 3 Crawford MSA CUMBERLAND FEDERAL CREDIT UNION LOAN IN FULL. ONCE IT IS PAID, HUSBAND MAY REQUEST WIFE'S EXECUTION OF THE FINAL DOCUMENTS AND SHE SHALL COOPERATE IN DOING SO AND THEREAFTER, NEITHER PARTY SHALL HAVE ANY FURTHER LIABILITY TO THE OTHER FOR ANYTHING ARISING FROM THE MARRIAGE OTHER THAN ENSURING COMPLIANCE WITH THE TERMS HEREOF. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL). COSTS AND EXPENSES: IN EXCHANGE FOR HUSBAND'S AGREEMENT TO: ? BE SOLELY RESPONSIBLE FOR THE PARTIES' JOINT LOAN FROM NEW CUMBERLAND FEDERAL CREDIT UNION INCLUDING HUSBAND'S INDEMNIFICATION OF WIFE FOR SUCH DEBT; ? THE PAYMENT FROM HUSBAND TO WIFE OF $1000.00 DERIVED FROM HUSBAND'S 2008 IRS TAX REFUND; ? THE PAYMENT FROM HUSBAND TO WIFE OF $363.00 UPON EXECUTION HEREOF REPRESENTING MEDICAL COST REIMBURSEMENTS; AND, ? AND HUSBAND'S AGREEMENT TO KEEP WIFE ON HIS MEDICAL HEALTH INSURANCE COVERAGE CURRENTLY IN PLACE THROUGH THE DOMESTIC RELATIONS OFFICE UNTIL THE FINAL DECREE IN DIVORCE IS ENTERED, WIFE DOES HEREBY WAIVE ANY AND ALL PAST, PRESENT AND/OR FUTURE RIGHT(S) SHE MAY HAVE TO ASSERT A CLAIM AGAINST HUSBAND FOR ALIMONY PENDENTE LITE. FURTHER, I have read and understand the contents on this page. LC -,UI-C NLC 4 Crawford MSA SHE SHALL UPON THE EXECUTION HEREOF TERMINATE HER ALIMONY PENDENTE LITE CLAIM PENDING BEFORE SUPPORT MASTER RUNDLE AND DOCKETED TO PACSES 467110133, CASE NUMBER 08-4379. UPON HUSBAND'S RECEIPT OF THE $255.00 MEDCO FUNDS REPRESENTING REIMBURSEMENT FOR WIFE'S OUT OF POCKET EXPENSE(S) RELATING TO PRESCRIPTION(S), HUSBAND SHALL IMMEDIATELY ENDORSE SAID CHECK AND DELIVER SUCH TO WIFE. Husband and Wife hereby acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Nevertheless, Husband and Wife acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, I have read and understand the contents on this page. LC A[4 NLC 5 Crawford MSA alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the.pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Each party shall be responsible for their own fees, expenses and costs associated with this case excepting anything provided in this agreement to the contrary. 5. EQUITABLE DISTRIBUTION: A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, partnership(s), inheritance(s), jewelry, clothing, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Further, each party waives any and all past, present and/or future right, title, interest and/or claim he or she may make to said assets. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse shall be that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. IT IS RECOGNIZED BY THE PARTIES THAT HUSBAND'S AGREEMENT TO BE SOLELY RESPONSIBLE FOR THE NEW I have read and understand the contents on this page. LC _AOX, NLC 6 Crawford MSA CUMBERLAND FEDERAL CREDIT UNION LOAN AND TO PAY TO WIFE $1,363.00 CONSTITUTES THE BASIS UPON WHICH WIFE WAIVES ANY CLAIMS AGAINST HUSBAND'S REAL ESTATE HOLDING(S) AND ASSETS OF ANY NATURE INCLUDING ANY APPRECIATION OCCURRING THEREIN DURING THE MARRIAGE. THE PARTIES HEREBY INCORPORATE THE FIRST PARAGRAPH OF SECTION 4 HEREINABOVE AS IF FULLY SET FORTH HEREIN. B. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. ADDITIONALDOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: I have read and understand the contents on this page. LC J&C.- NLC 7 Crawford MSA 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 purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the parry not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' 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 shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. MARITAL DEBTS: HUSBAND DOES HEREBY AGREE THAT HE SHALL BE SOLELY RESPONSIBLE FOR AND INDEMNIFY AND HOLD WIFE HARMLESS ON THE NEW CUMBERLAND I have read and understand the contents on this page. LC LC NLC 8 Crawford MSA FEDERAL CREDIT UNION DEBT. NEITHER PARTY SHALL INCREASE THE BALANCE OF THE DEBT ON THE NEW CUMBERLAND FEDERAL CREDIT UNION LOAN BY BORROWING ANY ADDITIONAL FUNDS. 2. Indemnification: All further debts incurred by the parties shall be their individual responsibility. 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 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 which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. I have read and understand the contents on this page. LC & C NLC 9 Crawford MSA 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as I have read and understand the contents on this page. LC dam' NLC 10 Crawford MSA administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach including attorney fees, costs and/or expenses. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 11. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of I I have read and understand the contents on this page. LC .JI-C NLC 11 Crawford MSA counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive 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 improper or illegal agreement or agreements. 12. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. 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. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this I have read and understand the contents on this page. LC IVr -C NLC 12 Crawford MSA Agreement are null and void and of no effect. 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. 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. 19. CONSENTS TO DIVORCE: The parties agree that they shall execute Affidavits of Consent which shall be filed with the court along with a Praecipe to Transmit the Record in order that a Decree in Divorce incorporating the herein agreement can be issued in due course. Either party may proceed to finalize the divorce matter with each party agreeing that he and she shall cooperate with such proceeding upon request by I have read and understand the contents on this page. LC LC NLC 13 Crawford MSA the other. 20. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 21. DATE OF EXECUTION /COUNTERPARTS: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. This Agreement may be executed by the parties in counterparts and as such, shall be enforceable as if it were executed as one. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: 17 NIcole Crawfor I have read and understand the contents on this page. LC 1, C- NLC 14 Commonwealth of Pennsylvania : . ss. County of Cumberland On this, Tuesday, December 02, 2008, before me, a notary public, the undersigned officer, personally appeared Nicole L Crawford known to me (or satisfactorily proven) to be the person(s) whose name(s) he/she/they subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose therein contained. IN WIT>SS WHEREOF, I have hereunto set my hand and seal. IOTMK' My C mission Expires: '' Pubk NO A. MUM ? Sprp, et? i ? rq %ARM-" --Fiat --7--7 ? Commonwealth of Pennsylvania : . ss. County of Cumberland On this, /I X-9 r before me, a notary public, the undersigned officer, personally appeared Lionel Crawford known to me (or satisfactorily proven) to be the person(s) whose name(s) he/she/they subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose therein contained. IN WITNJ'SS WHEREOF, I have hereunto set my hand and seal. otary ission Expires: 000 NICOLE L. CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- :NO. LIONEL CRAWFORD : CIVIL ACTION IN DIVORCE , t.? 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: Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: was served upon the defendant on July 22, 2oo8 by personal service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: January 15 2010 by Defendant: November 19 2009 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: January 26 2010 by Defendant: November 212009 4. Related claims pending: There are no related claims pending. 5. The marital settlement agreement dated December 2 20o8 attached hereto is hereby incorporated, but not merged, into this final decree. Respectfully James A. ,W1 ler, Esquire 765 P ar Church Road p Hill, PA 17011 (717) 737-6400 Nicole L Crawford IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Lionel Crawford NO. 08-4379 DIVORCE DECREE 4- s- 31A-M - Lxky? 1 tWo , it is ordered and decreed that AND NOW, Nicole L Crawford plaintiff, and Lionel Crawford , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement dated December 2 2008 attached hereto is hereby incorporated, but not merged, into this final decree. By ourt, Attest: J. Pro honotary ?;? iK a?iho