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HomeMy WebLinkAbout01-6593 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. 01- /"S"9..3 CIVIL CYNTHIA C. CRAIG, Defendant, 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 judgement may also be entered against you for any other claim or reliefrequested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, Carlisle, P A 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 717-249-3166 WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. () I . (, ':J- 93 CIVIL CYNTHIA C. CRAIG, Defendant. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Clinton L. Craig, by and through his attorneys, Weigle, Perkins and Associates, and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: I. Plaintiff, Clinton L. Craig, is an adult individual presently residing at 26 Maple Avenue, Walnut Bottom, Cumberland County, Pennsylvania 17266, since 1990. 2. Defendant, Cynthia C. Craig, is an adult individual presently residing at 26 Maple Avenue, Walnut Bottom, Cumberland County, Pennsylvania 17266, since 1990. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce, 4. The Plaintiff and Defendant were married on December 19, 1987, in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken, 8. Although presently residing at the same address, the parties have lived separate and apart since September 11, 2001. 9, The Plaintiff requests the court to enter a decree of divorce. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled, COUNT II - INDIGNITIES GROUNDS FOR DIVORCE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiff's condition intolerable and Plaintiff's life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. Je A. Weigle,Esquire Attorney for Plaintiff Attorney ID #01624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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, Dared, \~~f" ~}~~!\~~ ~ Clinton L. Craig, Plaintiff '\ WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 >- 0\ Q, c: '>- ~;,: ~ t~~~ :::i ::J<t:: c" C)-- ..... :-:.: ~. jC O~ ... '..L' <c.: ..... C.....:~m ~ '''(''('r ":1"';- l' C:;:(, u:> ~:": 5::! M <::l'- <:> """:""':'--- ('oJ 'SQ) ')- ~ 2r..:'Z .::::: -- i..J.: ...:..~ - Cl i.ud] lJ- ~ ,no.. ~ -'= ~ ~ 0 0 ::J (,) ~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant, IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Rhonda R. Wolford, being duly sworn according to law, deposes and says that on November 28, 2001, a true and attested copy of Notice to Defend and Claim Rights along with Complaint in Divorce Under Section 3301@ or 3301(d) of the Divorce Code were served upon the Defendant, Cynthia C, Craig, Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: 26 Maple Avenue Walnut Bottom, ~"J 17266-09,1/ (fa~Y'( Swo~ to and subscribed before me this :?;,t" day of :Do'DMblA ,2001. ~1-t~;I'J i<-'-;~o Notary Public Notarial Seal Patricia L, Tome, Notary Public ShlPIl8/l8IlUrgBoro, Cumberland County MY CommIsSion Expires June 7, 2004 ,.,.., "..:~~UtLl~:!:''::I'"" ,,'0\ ,.... ,- '. ,....... ...,....:.....\,..."'-:.., ~. ." ~:.~.~!;.4,."';.;- ..~~ .- ."~' ".../....:..,...\,:::. i-.... : -;..... ~ " _ ~{~- ~;r _>~: -\.,'-'2~:~~: ~ :.~~::~'t/ /"//'" JAr:;,....; ~? ..~>. "'..",..,..~""o)' . WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ .'. -.:~" ~, " ,', -' /' 'J ,~ c~ -".. " . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW VS. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant. IN DIVORCE , " \,L CEPTlf If_D MAil fH:" 1f>1 (Domes lie It/ail Only No 11l<.;U1dTrCf (Otel HJl Provided) PJtQOJ!' OF 3ERVlCE ru Lll ..D WALNUT BOTTOM PA 17266 Cl ~ Postage $ $0,57 r'l 0257 lJ" Certified Fee 04 Cl - f'- Return ReceIpt Fee - Cl (Endorsement RequIred) $3.20 Cl Restricted Delivery Fee Cl (Endorsement Required) Total Postage . Fees $ $7,37 11/28/2001 . CCmpIiIe ....." 2. ...., __ """1 ~em 4 ~ Restricted Delivery I. desired, . Print your name and address on the reverse so that we can return the card to you. . Attach thl. card to the back of the mail piece, or on the front if space penntts. 1. Article Addressed to: , 0 Agent o Add...... Dyes DNo C'in-thlA. c. c..io.:Cj .;1(., milflle f\v""u e.. 1ili.\1"1l~ ~cM-cm, '? A 17 ;;!folo-O'i 17 3. Service Type ......r Certified Mall 0 Express Mall b Registered ~ Return Receipt for Merchandise D Insured Mail D C.O.D. 4, Restricted Delivery? (Extra Fee) ,el} -." - WEIGLE. PERKINS & ASSOCIATES ~ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 (') c <- --oc6 9Jq; ~~.. t:c:':' ~c, zc'J )>' c: ~ C> (') ...,., '::1 Pl n I Con ~.IJ :"7~;8 , , ~~~ J_:_!('') f2')l'n :;~ SJ -< ? ."~'" '2 .:-.) (.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on November 26, 2001. 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 unsworn falsification to authorities, Dated: ~~\\-Cd. \ ~ , Cyn ia C, Craig, Defendant WEIGLE & ASSOCIATES, RC. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '. 0 c:> () c '" .-n S "OeD ~ ~g] ';0 ~"I z:(~, (...: u:> <c ; ~c;; :::-', _~ .-;;c:, ~o -.,., (Sri! ,;0 - C __I, ~ I'"' ?5 ,->., '0 -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) 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 unsworn falsification to authorities, Dated: j- '\ \ - \.) d- \ , ' WEIGLE & ASSOCIATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 ';., 0 C) (J s "" ~!l "-~ :..~ "CD ~,-~"" n~lrI1 :~"J 2="1:' zr-' (f) ": L..'; -< ~,' r;:: l,) 2: ,,-. ';:;C') -'.'.~ "=0 l-'-) Pc: -----'I Z r=- )> :< :D \.0 -< WEIGLE & ASSOCIATES, P.C. . ATTORNEYS AT LAW 126 EAST KING STREET, SmpPENSBURG, PA 17257-1397. TELEPHONE: (71 '1). 33Z~7388 FAX: (717) 532-6552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW vs. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on November 26,2001. 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 unsworn falsification to authorities. Dated: ~ -l-\ - D-:Z t~~ '1. ~~~- Clinton L. Craig, Plaintiff ~ WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 .-' --.;.:0 <.;;;;' '-> () ~ ~i.t ~G.- 2P";; c?; _'::- f5( "-~('- 1~;'._:;~ ~.--=- -c__ :;:J , I 0) ""(':.1 1::::S t.:- (::J o f\) S:: "'--- ,--- --"- C) ".rt \...._> -, '~ ' ::'0 -'" WEIGLE & ASSOCIATES, P.C. . ATTORNEYS AT LAW 126 EAST KING STREET, SHlPPENSBURG, PA 17257-1397 . TELEPHONE: (717) 532-7388 FAX: (717) 532-6552 ~~ ~'--.__..__....., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CLINTON L. CRAIG, Plaintiff, CIVIL ACTION - LAW VS. NO. 01-6593 CIVIL CYNTHIA C. CRAIG, Defendant, IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) 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 unsworn falsification to authorities, Dated: ~ - '--\ .. ~ C ~\~~~, ~~ dfnton L. Craig, P aintiff - "\. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ~...;;.;,; ~~ (::J 1,_"':; 'V :....) -Tj C r~__ J CJ',. ;s:~ Page 10f8 tfJ / - bS-~.J MARITAL AGREEMENT THIS AGREEMENT, made this 4 f^..day of ~u..l'\jl ,2002, by and between CLINTON L. CRAIG, hereinafter referred to as Husband, presently of 234Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, and CYNTHIA C. CRAIG, hereinafter referred to as Wife, presently of 26 Maple Avenue, Walnut Bottom, Cumberland County, Pennsylvania, 17266-0917. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on December 19, 1987, in Cumberland County, Pennsylvania, with no children having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties h,ereto are desirous of settling some of their respective fmancial and property rights and obligations as between each other including, without limitation by specification: the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended, EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them, WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 2 of8 DATE OF EXECUTION The "date of execution" or "execution date" of the 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband, by Jerry A. Weigle, Esquire, who is attorney for Husband and who prepared this marital agreement. Wife acknowledges that she has been advised of her right to seek independent legal counsel and she has decided not to do so. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place as they may select. 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 molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. SEPARATION DATE The parties do hereby acknowledge that although presently residing at the same address, they have lived separate and apart since September 11, 2001. It is hereby agreed that September 11, 2001, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. MOTOR VEHICLES A. The parties agree that Wife shall become the sole and exclusive owner of the following motor vehicles and that Wife shall be solely responsible for all payments on the automobile loan(s) if any still exist for said vehicles and shall save Husband harmless from any repayment thereon. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 3 of8 1, 1988 Ford Ranger Truck; 2. 1987 Force Escort GT; and 3. 1995 Pontiac Sunfire B. The parties agree that Husband shall become the sole and exclusive owner of the parties' 1977 Chevrolet % ton pick-up truck motor vehicle, Husband shall asswne sole responsibility for any loan or loans on said vehicle and shall save Wife harmless from any repayment on the same. PERSONAL PROPERTY. BANK ACCOUNTS AND PETS Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, bank accounts and pets, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other, AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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 not married. REAL ESTATE The parties hereto acknowledge and agree that Wife is the owner of a residence located at 26 Maple Avenue, Walnut Bottom, Pennsylvania, situate in South Newton Township, Cwnberland County, and more specifically described in Cwnberland County Deed Book 249 at Page 1604. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate, together with an 18' x 26' shop building and 10' x 12' shed building located on the premises, shall be retained by Wife. Parties acknowledge and agree that Wife has previously refinanced the parties' Allfirst Mortgage obligation on the above-referenced marital residence in the approximate amount of Thirty-six Thousand Dollars ($36,000.00) so as to remove Husband's name from said obligation. The parties further agree that Husband shall pay to Wife the full swn of Two Hundred Thirty-five Dollars ($235.00) per month to be used toward Wife's present mortgage obligation payment to Allfirst Bank in the approximate amount of Thirty-two Thousand Dollars ($32,000.00) [payable in monthly payments of Four Hundred Seventy Dollars ($470,00)). Said obligation shall remain in effect for a period of one hundred twenty (120) months or until said mortgage obligation is paid in full, whichever event shall first occur. WEIGLE & ASSOCIATES. p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 4 of8 HUSBAND'S BEISTLE COMPANY PENSION BENEFIT The parties hereto acknowledge and agree that Husband has a retirement benefit through his employer (The Beistle Company, Shippensburg, Pennsylvania) having an approximate present value of Thirty-five Thousand Dollars ($35,000.00) which Husband may not withdraw without penalty until September 29,2006. The parties further agree to let said benefit accumulate until September 29,2006, at which time said benefit shall be withdrawn by Husband and divided equally with Wife, WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's present pension benefit through Hoffinan Mills, mc" Shippensburg, Pennsylvania, valued at approximately Two Thousand Five Hundred Dollars ($2,500.00) WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable, LEGAL FEES Husband shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Wife agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Husband's attorney. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 5 of8 MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Husband agrees to pursue the present divorce action filed to No. 01-6593 Civil, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Wife agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 6 of8 LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses, Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses, From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 7 of8 NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY 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 provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Q, ~~~ ~ '::1.. ~hA~~ C' -TON -:'CRAIG OMl..o ~ ~ 0_. . C IA C. CRAIG d' WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 8 of8 COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND On this, the tf'fr. day of ,-It 1/\ P ,2002, before me a Notary Public, the undersigned officer, personally appeared Clinton L. Craig, known to me 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 seal, jJ fu.r'LA-' ~ 7;~ (SEAL) ,,'~ ......'....1, ,;;,...cr,-J", (1 :;:~;., q '~i'~'i~{SY : ~ : ; \ ,;If) "I.. EFi ~ () ". /. ~ ~~...~: '.::. .../'..v~'t, ",,1'0. ,". .:;. "_'i .J'~/10,J.~..~, ~ ~->"-' .. ..... ,..... .'.. ","-, /" c.' ";,.) ..... .0:. '/ ,'" ;.J /" ~_'I ,.,,, "-.j<, .... ,{ , 111 J\ ~t"~ '~~,it'H~~','. Notarial Seal Palrlcla L. Tome, Notary Public ShiIlDensburg Boro, Cumberland County MY OommlsSion Expires June 7, 2004 COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND IJA-.... On this, the Lj day of Ju rUJ ,2002, before me a Notary Public, the undersigned officer, personally appeared Cynthia C, Craig, known to me 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 seal. A-fl't,~ ~7~ (SEAL) Notarial Seal Sh~~~!a L. Tome, Notary Public .~ "",,!rg,Boro, Cumberland County MY COmml~f?n EXPires June 7, 2004 .. ..~~_...~- ~ ti<,,,HIU,, .,~~,~,.,,;\,.~r; __I '" !~..,. l-:;'~~~-;'~I' .~<:~;,:~.~~;;:-~~ 1,," <~\"~-:. _=,= -:,...,: ,... J; " \" - . ,:do ^' (t :/ ~ ',:l \./:;.; _ "~~~'../" /~f: r' "'/I'I""!.".' ,~,~ '" '~"'. ,I .,i :-' ~ 0..... <:., -. /~~. ,~ vi '6" i ~~ ~~~~~~. "'ft~Uh-,p"~~\ WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~, ,;f:. (0 o ..;J '....! \::':j :-- ",- " <') ~ ~;; ~~ -,:'_J ~ "-.,- ~:,:1 :-.J , . /- '.I,U ".', l:'- ("J :;; 'os u l 5, 4. ~SSOCIATES, p.7": A' ""...., ...""..........""" PA 172"-'397 . T", "s. I I IN THE COURT OF COMMON PLE~S OF CmtBERLANo COUNTY, PENNSn r A1VIA CIVIL A~TION _ LA. W i NO. Ol-65!J3 CIVIL I CLINTON L. CRAIG, Plaintiff, CYNTHIA C. CRAIG, Defendant, IN DIVOR~E , To the Prothonotary: ~CIPE TO TRANSMIT RECORD - T""""'i' the -nI, 'og,the, wilb the following Infonnation, to 1h< CO"" fo, Onby of a <6v_ ~, 1. Grounds fo, <6_" in-otri''''bl, breakdown undo.- ! 330 1 (c) of thel Divo"", Code. I I Oat, and -- of '<nric, of the cO"'plaint, No_"", 28, 2001, bY",aHln8. POstage paid, -fiod mail, addres"", only, and retom receipt reqoesfed at ShiPPenlb",.. P-..,.Ivania. I Date of """"uti.. of lb, allidaV;t of cons"", required by ! 3301 (c) of q" Div_ Code, by PIa;uti1'f, Jun, 4,2002; by Dcreudan, M""'h 11,2002. 2, 3. Rel_ clai"" -8' The at1ached Marital ~cot ""- Pre pam" dated June 4, 2002, shall be 10c0lp0"'led bnt uot "'''Red in,o this Dcereo in Di"'t<e Pwmuutt to the said Agreement. Date PlaintiJps Wa;_;U! 3301 (c) Divo"", "" filod wilb the Pmthonokv, June 6j 2002 Oa" DofCOdaut's Wa;vo.- of Notice in ! 330 1 (c) DiVOre, "" filod wilb t1\e ProthonoOuy, Mare;, 13,2002 WEIGLE & ASSOCIATES, t. _o~. A""=,,,. "c. - A~O,,"~ ^' CAw - '" "" ~"o 0,",= _ Offi"""o.O"o. "A ,.,,_ - ,..........."" o N ~ ;?:: g s.: -0 ~1:, ~". ~(:> -/7 ?,", ~2', ?c ~ - - o ~'11 __I .=~I-; -:!) 'f-:: __.en 'y U(.J- .,,-1 '.:~ .215 3m -\ ~ ;;.:; --0 ...". -- r::? '-" - ;,~ ::)fj'-T.Jf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF CLINTON L. CRAIG, Plaintiff No. 2001-6591 VERSUS CYNTHIA C. CRAIG. Defendant DECREE IN DIVORCE AND NOW,JlR T> c.... I '1 2002 , IT IS ORDERED AND DECREED THAT CLINTON L. CRAIG , PLAINTIFF, AND CYNTHIA C. CRAIG , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWINq; CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FIINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Agreement between the arties dat be incorporated but not merged into this Decree said Agreement. d June 4, 2002. shall rce pursuant to the [ J. PROTHONOTARY '" '" '" >~ ~~.V'?/ ~IL. ~(/, oe-? & p!7 'lY'~_~ ~ -/V ("17' oe-~ IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C. Craig : No. 01-6593 Petitioner vs, : Civil Action - Law Clinton L. Craig Respondent PETITION FOR SPECIAL RELIEF Now comes the Petitioner, Cynthia C. Craig, by and through her attorney, H, Anthony Adams and sets forth the following: 1. Petitioner is Cynthia C. Craig, an adult individual who resides at 123 Timber Lane, Shippensburg, Cumberland County, Pennsylvania, 2, Respondent is Clinton L. Craig, an adult individual, whose last known address is 234 Neil Road, Shippensburg, Pennsylvania, 3, On or about June 4, 2002, Petitioner entered into a marital agreement with Respondent. Petitioner was not represented by counsel. A copy of the marital agreement is attached hereto, 4, As set forth in the paragraph entitled HUSBAND'S BEISTLE COMPANY PENSION BENEFIT, Husband was to divide his pension with wife after September 29, 2006. 5, Contact was made with Beistle Corporation on September 29, 2006 Trishia Lacey, the President of Beistle Corporation, informed Petitioner through counsel that Respondent had already been paid the pension benefit. 6, Petitioner believes and therefore avers that Respondent has the pension benefit proceeds which he does not intend to distribute and has little or no assets other than the pension benefit proceeds from which to make distribution. 7. Petitioner has retained the services of H, Anthony Adams to protect her interest and anticipates a legal fee of approximately $5,000.00. 8, It is anticipated that Respondent will dispose of the property to defeat his obligation under the agreement. Wherefore, Petitioner prays your Honorable Court conduct a hearing, granting all appropriate relief to Petitioner together with, counsel fees and cost. \\~ c::--- " ___ H, Anthony Adams, Esquire Attorney for Plaintiff 49 W, Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION We verify that the statements made in this Petition are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. Date: \l')'S-D~ Page 1 of8 MARITAL AGREEMENT THIS AGREEMENT, made this 4 fJ\day of ~ltl'V ,2002, by and between CLINTON L. CRAIG, hereinafter referred to as Husband, presently of 234-Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, and CYNTHIA C. CRAIG, hereinafter referred to as Wife, presently of 26 Maple Avenue, Walnut Bottom, Cumberland County, Pennsylvania, 17266-0917. ., _. " WITNESSETH: <. I , WHEREAS, the parties hereto are Husband and Wife, having been married' -qn De~mber }:9, 1987, in Cumberland COurity, P.::n..u3vlvfu-:;,h, with no children havi:u~ bee:'! tarn 0f 1:h~ IT'.arria'!e; anq . - ~ b ~ WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises. covenants and under takings hereinafter set forth which are hereby acknowledged by eaeh of the parties hereto, Wile and Husband, each intending to be legally bound hereby, covenant and agree as foHows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shaH not be considered to affect or bar the right of Wife or Ilusband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter cxist or to such defense as may bc available to either party. This Agreement is not intended to condone and shaH not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The panics i.:il\;;IlU ill Si:;",Wc ii fJ.ltitual COn3Ci1t, i1v-f~lU!t d:'.'arc~ p:1r::u:':!1~ to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in fuH force and effect after such time as a final decree in divorce may be entered \vith respect to the parties. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree. which may be entered with respect to them. .-,'- -("'P".~'. .~l" ,....\.~.' ',';~ ~:...~ST }<l:"~(j ~"7.=-~r:r:T ',!"'; Page 2 of8 DATE OF EXECUTION The "date of execution" or "execution date" of the 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband, by Jerry A. Weigle, Esquire, who is attorney for Husband and who prepared this marital agreement. Wife acknowledges that she has been advised of her right to seek independent legal counsel and she has decided not to do so. Both parties acknowledge that they fully u;lders!an.d the facts C\nd have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. II II Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as Ii fully as if they were unmarried, They may reside at such place as they may select. Each may, for his or I her separate use or benefit, conduct. carry on and engage in any business, occupation, profession or I employment. which to him or her may seem advisable. Wife and Husband shall not molest. harass. i disturb or malign each other or the respective families of each other nor compel or attempt to compel the I other to cohabit or dwell by any means or in any manner whatsoever with him or her. I I I II II II II !I i[ I I I I II [I PERSONAL RIGHTS SEPARATION DATE The parties do hereby acknowledge that although presently residing at the same address, they have lived separate and apart since Scpwmocl 11, 20G i . It is b-:;rcby agreed that Scptcmb:.?!' 11. 2001. shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. MOTOR VEHICLES A. The parties agree that Wife shall become the sole and exclusive owner of the following motor vehicles and that Wife shall be solely responsible for all payments on the automobile loan(s) if. any still exist for said vehicles and shaH save Husband harmless from any repayment thereon, Page 3 of8 1. 1988 Ford Ranger Truck; 2. 1987 Force Escort GT; and 3. 1995 Pontiac Sunfire B. The parties agree that Husband shall become the sole and exclusive owner of the parties' 1977 Chevrolet % ton pick-up truck motor vehicle. Husb~d shall assume sole responsibility for any loan or loans on said vehicle and shall save Wife harmless from any repayment on the same. PERSONAL PROPERTY. BANK ACCOUNTS AND PETS Husband and Wife do hereby acknowledge that, they have previously divided their tangible personal property, bank accounts and pets, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household eqUIpment and applia.i.1CeS, vehicle-,s, pictures, b::.oks, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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 not married. REAL ESTATE The parties hereto acknowledge and agree that Wife is the owner of a residence located at 26 Maple Avenue, Walnut Bottom, Pennsylvania, situate in South Newton Township, Cumberland County, and more specifically described in Cumberland County Deed Book 249 at Page 1604. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree thaI SdlU fei:li ..;~i<1I.c;, tvgethci' v.'ith an 1 g' ~ 26' shop building and 10' x 12' shed building located on the premises, shall be retained by Wife. Parties acknowledge and agree that Wife has previously refinanced the parties' AIlfirst Mortgage obligation on the above-referenced marital residence in the approximate amount of Thirty-six Thousand Dollars ($36,000.00) so as to remove Husband's name from said obligation. The parties further agree that Husband shall pay to Wife the full sum of Two Hundred Thirty-five Dollars ($235.00) per month to be used toward Wife's present mortgage obligation payment to All first Bank in the approximate amount of Thirty-two Thousand Dollars ($32,000.00) (payable in monthly payments of Four Hundred Seventy Dollars ($470.00)], Said obligation shall remain in effect for a period of one hundred twenty (120) months or until said mortgage obligation is paid in full, whichever event shall first occur. ....r~(~;~:""d '. '. .,1 ~\'~\, :.'6 ::AST K1NCl -:-~T;, - il Page 4 of8 HUSBAND'S BEISTLE COMPANY PENSION BENEFIT The parties hereto acknowledge and agree that Husband has a retirement benefit through his employer (The Beistle Company, Shippensburg, Pennsylvania) having an approximate present value of Thirty-five Thousand Dollars ($35,000.00) which Husband may not withdraw without penalty until September 29, 2006. The parties further agree to let said benefit accumulate until September 29,2006, at which time said benefit shall be withdrawn by Husband and divided equally with Wife. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share in Wife's present pension benefit through Hoffman Mills, Inc., Shippensburg, Pennsylvania, valued at approximately Two Thousand Five Hundred Doiiars ($2.,500.00) WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore bcen incurred by them, including those for necessities, except for the obligations arising out of this Agreement. Ii II 11,1 Wi fe and Husband each covenant, warrant, represent and agree that each will now and at all 1,1 times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other atter the execution date of this Agreement, except as may be otherwise specifically II provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability II whatsoever for which the estate of the other may be liable. I, II " " Ii il II II II II I' 'I I, il WARRANTY AS TO FUTURE OBLIGATIONS LEGAL FEES Husband shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce, Wife agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Husband's attorney. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. ",!:.l; Page 5 of8 MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the iaws of (a) Pennsylvallla, (bj arlY St.ate, ComLIonwealth or territory' of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Husband agrees to pursue the present divorce action filed to No. 01-6593 Civil, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania. and to be the Pl~imiff inerein. Wife agrees to sign the necc5sa.) C:::'C....i';:;.cr,:s, ;,,1c!uding the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. .\r- '-n;:-";I-'.-<-; ",' ..~"\\.../ ',~' -::.....'\'.T KINeJ '::T::-..;:r:r:- - il 'I Page 6 of8 LAW OF PENNSYL VANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BREACH If either party breaches any provision of tilis Agreement, the otlleI' party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses, Both parties agree that this Agreement shall conclusivcly providc for the distribution of property under the said law and except as specifically provided for in this agrcement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE ,II The panit.;s confirm that they have relied on the subst;1!1tial :::.:::<;;nm':;' 0f th.e financial disclosure I of the other as an inducement to the execution of this Agreement. II I I I I [I /, iI !i ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. -. . ",' "'~ ( j ','i!!':'l "." ; Page 70f8 NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in iaw or otherwise, then on1y that tP-nTI, c;:mdition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. VOLUNTARY EXECUTION Thc provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the 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. (' \. _-~TNESS: /' -1 / , ./ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ;'"" r 1/ ,- Ii' J (,' o c\#L., ~, ~ C TONY'CRAIG -~ ~ ~~. . C IA C. CRAIG 0' l_ I ' / ..\,'~'it ',:l .'< .\~<<<_\:.'.'~' :.- .-,~'-("'nNf~V~-: .'\.T '"_AI,/V 1;'1."; :.:...'\ST k<J~G ':-)TRr~~-::T Page 8 of8 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the tj'f-r. day of ...::Il, f\.jJ , 2002, before me a Notary Public, the undersigned officer, personally appeared Clinton L. Craig, known to me 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 herelmto set my hand and seal. jJ ti, t' LO-.' ~ ;; rfl--( (SEAL) ....'~.r.~.. .,;" '. '1\ \~" ~_f,'" . J' ~ .. .: -~<~,',~:, ., ~ -,' ~ :,.~". r: ..:,: ';. . '\):) ...L: I' /' i"'\ : ~ >~>-'I':;" ..:~..,',' , ,'" ... ~'. ~'- / ~.....' / l i :> \ -:.."., 'If... ..,~'.,. Notarial Seal Patricia L. Tome, Notary Public Shippensburg Bora, Cumberland County My Commissio:1 Exp',es .June 7, 2004 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I J ILl'- On this, the 7 day of ~( r0J , 2002, before me a Notary Public, the undersigned officer, personally appeared Cynthia C. Craig, known to me 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 seal. Jl-tut<~ ~ Ic-~ (SEAL) ....,.I...f,. . ,-", ~.- " ":J\ ,...... NotClriGJ Seal : , Patricia L. Tome. Notar\' Public I ~hl~nSblltgBo~g, CurnbeHar.aColmtv 1 My C0~r:.l!"'''':J!o 1:' el'!:" J:.me 7. 2004' ! .- '.'._.a_.___ .~ .::,.'/~).,:' ,.' -, - ,. . . . ..... : -. ,.'~. ; :"; : 'I'. 00#.. W[~IGLC 5< /1,5S0C:':'TES, PC - ATTORNEYS .:.T LAW '::t' 'CAST KING STREET - SHIPPENSBURG, PA 17257 1397 ,- IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C, Craig Plaintiff vs, Clinton L. Craig Defendant :No, 01-6593 : Civil Action - Law ORDER (). OCT 0 9 200r And now this lf It, day of October, 2006 upon the motion of H, Anthony Adams, and after consideration of the facts set forth in the attached petition, a hearing in the matter is scheduled for the t1?t:A.- day of QdvL<<, ~OO() )1~ at :3 ~t>() o'clock am/@in Court Room No, I of the Cumberland k>o c:, County Courthouse, Carlisle, Pennsylvania, 17013 By the Court, ], 8 S :8 !,!d 0 I 1:.10 qual J. \.4'r{{ r"\>,}-"tL_: ~'~'L;_ 1 :JHl 1('1 ,\~~~\..'t "vI ,.t,,'..,<lu,Q -..f :I"", :l~~)\.'~'; :\_O~-"O:jllj IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY - PENNSYL VANIA 0' -lo5't3 Cynthia C. Craig No. Q6-6~9~ Plaintiff vs. Civil Action - Law Clinton Craig Defendant PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Clinton Craig. Dated: II-Y~()~ EIGLE & ASSOCIATES, .~. WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1725 -1397 r-.;) c:=:> -'-;:;> C"' :2~. ~ ..... o -'1'1 .-\ ;:;~~. ~ \ t c0. \ \..0 - - \'-.) v:> IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY - PENNSYL VANIA 01 -105'il3 Cynthia C. Craig N o:1t6-6S93- Plaintiff vs. Civil Action - Law Clinton Craig Defendant RESPONDENT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes the Respondent, Clinton L. Craig, by and through his attorney, Jerry A. Weigle, Esquire, who answers the Petition for Special Relief filed by Cynthia C. Craig as follows: 1. Admitted 2. Admitted in part and denied in part It is admitted that Clinton L. Craig, the Respondent herein, is an adult, sui juris adult. His address stated in the Petition is in error. By way of further answer, Respondent's current address is lIB Spruce Street, Mt Alto, Franklin Co. Pennsylvania 17237. 3. Admitted 4. Admitted By way of further clarification, the intent of the parties was to divide Respondent's Beistle Company Pension benefits on September. 29, 2006, or shortly thereafter, because the parties assumed that such could be withdrawn at that time without penalty. WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 5. Denied as stated The Respondent is without sufficient information for form a belief as to either the accuracy or relevance of the allegations contained in paragraph 5 of the Petition, and strict proof thereof is demanded if at all relevant to this proceeding. 6. Denied Respondent does not physically have the Beistle Company pension benefit proceeds in his possession and had no intent and has no present intent to deny Petitioner her share of that pension benefit. By way of further answer, Respondent rolled over said benefit to another plan in late September or early October 2006, when advised by Beistle Company personnel of the taxes to be withheld and early withdrawal penalties he would occur by a cash withdrawal of his said Beistle Company pension benefit. Furthermore, Respondent is willing to enter into an Agreement with Petitioner to be enforced by an Order of Court not to withdraw or modify his current pension benefit without further Order of Court and to divide the same equally with Petitioner at the earliest possible time that the benefit can be divided without penalty. 7. Denied It is specifically denied that Petitioner will incur reasonable legal fees of$5000.00 or that Respondent has a legal obligation to pay Petitioner's reasonable legal fees in this matter, whatever they may be, and strict proof to the contrary is demanded at a hearing on the Petition filed. 8. Denied Respondent's answer to paragraphs 1 through 7 of the Petition are incorporated herein by reference hereto. By way of further answer, Respondent's actions will substantially benefit both parties herein and were carried out only upon being made aware of the mutual mistake of fact made by the parties relative Respondent's Beistle Company benefit. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, Respondent prays your Honorable Court to deny Petitioner's request as stated and to grant appropriate relief that will protect the interest's of both parties hereto and to specifically deny counsel fees to Petitioner, since this matter could have been easily resolved without Court intervention and without the involvement of much time expended on behalf of the petitioner by counsel. WEIGLE & ASSOCIATES, P.c. B a,M WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Petition for Special Relief 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: \\-~-O\g ~~ 'i. ~~, Clinton L. Craig ~ WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I . ~ IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY - PENNSYLVANIA Cynthia C. Craig No. 06-6593 Plaintiff vs. Civil Action - Law Clinton Craig Defendant CERTIFICATE OF SERVICE AND NOW, this 7~ day of 1h~ , 2006, I, Patricia A. Frey, Office Manager, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street Suite 3 Shippensburg, P A 17257 WEIGLE & ASSOCIATES, P.C. ~ Patricia A. Frey, Office M 126 East King Street Shippensburg, P A 17257 Telephone: (717)532-7388 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 <.~ :~=" t-...." c:;:J ~.~~) C'1." .,t,:_ ,") "","'I --\ :r: -Tl rnt~ I CO -'.-~, c...; <...:1 ~.~ ::<: OCT-30-2006 14:50 P.05/08 THI1 BEISTLE COMPANY EMPLOYEE STOCK OWNERSHIP PLAN .AND PROF!'!' SHARING PLAN ESOP AND PROFIT SHARING DiRECT ROLLOVER 2LECTION FORM Xl YOU ELBCT TO HAVE ALL OR A PORTION OF YOtTR RETIREMENT DXSTRIBTJTION nOM THE BBISTLB COMPANY EMPLOYEE STOCK OWNERSHIP PLAN AND PROFIT SHARING PLAN DIRECTLY ROLLED OV"ER TO A QUALIi'XBD PLAN, YOU MUST COKPLETB AND RBTURN THIS FORM TO '!'HE BBISTLB COMPANY RBTlRENBNT PLAN ADHINISTRATIVB COMMITTEE ON OR. BBFORE Monday, JUly 10, 2006 ONCE YOU HAVE M'ADE THIS ELECTION, YOU HAVE FIVE CALENDAR DAYS FROM TBB ABOVE DATE TO CHANGE IT BY NOTXFYING THE BBIS'tLE COMPANY RETIRDBNT PLAN' ADMINISTRATIVE , COMHIrrBB IN WRITJ:NG. I UNDERSTAND THAT FIVE DAYS AI"1'BR THE ABOVE DATB, THIS ELECTION IS IRREVOCABLB. II' Y011 UCBnrJ! !IOU "rHU' Od DiSTRIBUTION' 'ONDER THE PLAN, THIS EI.SCTION WILL APPLY TO 'l'BIS ~ ALL FCTURBD~STRIB~IONS. .am. Social security NUmber Address cx..Dr.rON L. C!D:IG 190..58-9840 11 B sp:iUCB STRUT MONT ALTO, PA 17237 PAone Humber -] '" ... ~~tJ - 3l.D 3lp ELECTION: I Elect To Receive My Total Distribution ~ I Elect To Rave My Total Oistribution Rolled OVer Directly To: AXA ~ITABLE LIFE, INSURANCE COMPANY/FRO CLINTON L. CRAIG IRA Address of Plan P" o. (bO't 3LIt.: (!,iI,4Mtip~,~'--PA, (1~O/I C/O BETTY LOU HAWBAKER Name of Plan Administrator AXA ~~UITABLE _LIFE INSURANCE COMPANY Name of Plan Trustee AlA EQUITABLE LIFE INSURANCE COMPANY/FHO CLINTON L. CRAIG IRA (Or Custodian of IRA) CONTRACT IF 306 "630 858-' Name of Plan -... ..'. . Check Which Applies To the Plan to Receive !:he Rollover: V The plan IS An IRA v The Plan is a Tax-Qualified plan Under Internal Revenue Code Section 401(a), and is a Defined Contribution Plan The Plan Acoepts Direct Rollover Contribution The Plan ~ccepts Non-Cash Contribution - PLAINT'FPS """"'Il EXHIB'T t~7Va ~ ~j :r CB:RTIFY -rHAT ~ INFORMATION I HAVE D1'1'BRBD ON THIS FORM :IS TRUE, COIUtEC'l', AND COIOLEft:. b-l~- \() DATE ~L ~.~ ' ~ ^ YOUR S];GNA~ ; ~'. PCT-30-2006 14:49 .. " 'oph,cr J. Kcegm, CF A .. ~-Fino.n~ &cr.crvy.Trea&Ul'el' P.02/08 THE BEISTLE COMPANY ~ y:'mce 1.9aJ JlUle 9, 2006 CLINTON L. . CRAIG 11 B SPRUCE STREET MONT ALTO, PA 17237 DEFENDANT'S EXHIBIT I II,. J7-oc" /1-'V Dear Mr. Craig: We are writing to advise you of your rights under The Beistle Company Employee Stook OWnership Plan and Profit Sharing Plan (the Plan) to withdraw or transfer your segregated benefits. As required under federal law,. the Plan allows former employees to withdraw or transfer their 'Vested benefits in the sixth year following the Plan year of termination. Under the provisions intended to comply with Internal Revenue Code section 409(0), you may elect to either receive your entire segregated account balance directly or as a direct rollover to an Individual Retirement Account (IRA) or other qualified plan which permits rollovers. Additionally, you may elect to continue to invest your segregated benefits in'the propn offered and notify us in the future when you wish to receive your benefits. ' Forms are enclosed with this letter which we would like you to complete with your election and retwn to us by Monday, July lO~ 2006. Segregated Account Payment Election and Direct Rollover Election forms are enclosed for your ESOP benefits and also your Profit Sharing benefits if you have not already received them previously under the mandatory distribution rules of the Plan. If you decide to withdraw or transfer your bene:fits~ you will receive your distributions in lUmp sum (i.e. as a single distribution) as soon as possible after you have completed and returned all otthe documents required to process your distribution. Any distributions made directly to you and not rolled over to an IRA.. or other qualified plan which accepts rollover distributions are subject to mandatory federal income tax withholding at the rate of 20% of the gross distribution. Additionally, if you are under age S9 Y2 and you do not roll over your distributions you may be subjeot to a premature withdrawal penalty equal to 10% of the amount you receive. Please read the enclosed Special Tax Notice Regarding Plan Payments which we are required to provide you under federal law . This notice explains the tax rules relating to retirement distributions. Please understand that you do not have to withdraw your benefits at this time. You may defer distribution of your benefits until you reach age 70 ;-2. You also have the right to take 30 calendar days to review the enclosed Special Tax Notice Regarding Plan Payments to decide if you would like to roll over any portion of your benefits. If you are married and either eleot to f)-I .1 Beistle ~laza, ShippensbuxJ?;, PA 17257". (717) 532-2131 . FAX (717) 532-7299 . I ~ . peT - 3/21- 2/21/216 14 : 49 . ~tter to Segregated Account Holders / l1Ule 9, 2006 Page 2 P./2I3/1218 receive your benefits or roll your distributions to an IRA or other qualified plan, your spouse must consent to your distributions. by signing the spousal consent acknowledgement on the Segregated Account Payment Election fonn in the presence of a Notary Public. Please return the enclosed Segregated Account Payment Election forms by Monday, July 10,2006. If you are requesting payment oithe benefits to you or a direct rollover to an IRA or other qualified plan you must also complete and return the enclosed Direct Rollover Election forms. If you need assistance in com.pleting these forms, please call Deborah Mowers at (711) 532..2131, ext. 382 to arrange an appointment. If we do not receive your response hy July 10, 2006, we will assUIlle you do not wish to withdraw your benefits at this time and will contact us in the future when you want to recehre your benefits. / Sincerely, THE BEISTLE COl\4PANY PLAN ADMINISTRATIVE COMMITTEE Enclosures CYNTHIA C. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLINTON CRAIG, Defendant Of -~!W3 NO. 06-6593 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 28th day of November, 2006, upon consideration of Plaintiff s petition for special relief and Defendant's answer to Plaintiff s petition for special relief, and following a hearing held on November 27, 2006, it is ordered and directed as follows: 1. Within 20 days of the date of this order, Defendant Clinton L. Craig shall pay to Plaintiff the sum of $22,412.86; and 2. Within 20 days of the date of this order, Defendant Clinton L. Craig shall pay to Plaintiff the sum of $850.00 as reimbursement for attorney's fees with respect to this enforcement proceeding, plus costs of suit. BY THE COURT, H. Anthony Adams, Esq. 49 West Orange Street Suite 3 Shippensburg, P A 17257 Attorney for Plaintiff J 11- .)q- ll" ~,~ ~ Jerry A. Weigle, Esq. 126 East King Street Shippensburg, PA 17257-1397 Attorney for Defendant \fH\J\It\'l\SNN3d I INntt! nr'[l:-i:1,.,l:~8:A!n'" !U Iv"" '._" ,- ,-.....J"", V S'1 : I ~Jd 62 AON 900l Ai:N10NOH10tld 3H1 :[) 301:HO--o..l1t:1 CYNTHIA C. CRAIG, Plaintiff v CLINTON L. CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6593 CIVIL TERM IN RE: TEMPORARY ORDER ORDER OF COURT AND NOW, this 27th day of November, 2006, upon consideration of Plaintiff's Petition for Special Relief and Respondent's Answer to Petition for Special Relief, and following a hearing held on this date, it is ordered and directed pending further Order of Court, and pursuant to an agreement of counsel as follows: That the money currently in the AXA Equitable Life Insurance Company account in the amount of $44,825.71 not be transferred or disposed of pending further Order of Court. ~AnthOny Adams, Esquire 49 W. Orange Street Suite 3 Shippensburg, PA 17257-1813 For Plaintiff ~y A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 For Defendant tlJ-- 01 J. By the Court, :mae VIN\iAll\SNN3d AlNnO;) 0f,r;.''';'r:;m~no I..~ :01 WV I - 330 900Z Atfv'.lONOHI08d 3H1.:30 38!:!::I0-0311:1 CYNTHIA C. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CLINTON L. CRAIG, Defendant NO. 01-6593 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of November, 2006, upon consideration of Plaintiff's Petition for Special Relief and Respondent's Answer to Petition for Special Relief, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, J. ~AnthOny Adams, Esquire 49 W. Orange Street Suite 3 Shippensburg, PA 17257-1813 For Plaintiff ~ry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 For Defendant ~ :mae \iiN\1A1ASNN3d 11!l.'q('{'1 ni'J\I:\,r:1CpAl1n" I\..\.-Pfl ..... ~,' , . . ",.,d..lIf1i V I t; :01 WV 1- 330 900Z AW10NOHl.OCJd 3H1 .::!O 388~()-Q.311:l IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY - PENNSYLVANIA CYNTHIA C. CRAIG Plaintiff NO. 06-6593 vs. CIVIAL ACTION - LAW CLINTON L. CRAIG Defendant PETITION FOR CLARIFICATION AND/OR RECONSIDERATION OF ORDER OF COURT DATED NOVEMBER 28, 2006 AND NOW comes the Defendant, Clinton L. Craig, by and through his attorney, Jerry A. Weigle, Esquire, who respectfully petitions the Court for clarification and/or reconsideration of its Order entered in the above-captioned matter, dated November 28,2006 and aver the following in support thereof: 1. Plaintiff filed a Petition for Special Relief in the above referenced matter which was answered in writing by the Defendant. 2. Plaintiff alleges that Defendant intentionally withdrew pension funds through a former employer for the purpose of defeating wife's interest in said pension benefit gained through a marital settlement entered into on June 4, 2002. 3. Defendant contends that he merely rolled over the benefit into another account as per written options presented to him by his former employer to avoid tax and penalty consequences and had no intent to violate his previous agreement with the Plaintiff. 4. Defendant freely admits he should have sought legal advice prior to making the withdrawal as per the option presented by his former employer but did not. 5. The aforesaid Marital Agreement clearly provides for the withdrawal of pension benefits from Defendant's former employer in September, 2006 without penalty. WEIGLE & ASSOCIATES, P.C - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURfci, PA 17257-1397 6. The Defendant is presently age 41 and will not be able to withdraw pension funds without penalty under present law until reaching the age of 59 ~ . 7. A mutual mistake as to a September 2006 withdrawal of Defendant's pension funds was made for the Plaintiff and the Defendant when the Marital Settlement Agreement was entered into. 8. The Order of Court entered pursuant to Plaintiffs Petition for Special Relief provides for a division of the pension benefit within twenty (20) days of the order plus an award of Counsel fees to the Plaintiffs Counsel for Defendant's withdrawal and rollover of pension benefits. 9. No opinion was entered with the court's Order and no guidance given as to any allocation of interest, penalty and income taxes upon an early withdrawal of pension funds. 10. Preliminary calculations from a financial planning organization indicates that taxes and penalty at this point in time will be well over eight thousand ($8000.00) dollars, a copy of said calculations is attached hereto made a part hereof and marked Defendant's Exhibit "A". 11. Plaintiffs Counsel has indicated that all taxes and penalties on Plaintiffs portion of the pension benefit must be borne by the Defendant, and that a Contempt Petition will be filed if the pension benefit and Counsel fees have not been paid within twenty (20) days pursuant to the Order of Court presently entered. A copy of Plaintiffs Counsel's correspondence to Defendant's Counsel is attached hereto made a part hereof and marked Defendant's Exhibit "B". 12. Defendant will need additional time to complete and have processed whatever paperwork will be required to complete his financial obligations ultimately required by the Court in this matter. WEIGLE & ASSOCIATES. RC - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 WHEREFORE, the Defendant prays your Honorable Court to amend its previous Order in this proceeding as follows: 1. Clarify the previous Order entered by requiring that an appropriate Qualified Domestic Relations Order be presented to the Court which would divide Defendant's pension benefit as per the Court's prior Order but require the person withdrawing the pension funds to pay the early withdrawal fees, penalties and taxes. 2. Grant the Defendant an additional period of time to comply with the financial requirements of the Court's previous Order and any subsequent orders so as not to be found in contempt. 3. Grant any further relief that may be justified and appropriate in this matter. I " eigle, Esquire WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBUR(3, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Petition 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: \~ -- ()~ - a lO \ ~~, ---.j' CLINTON L. CRAIG ~~"'- :'-" '\ '\ WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ROM. BETTY LOU HAWBAKER PHONE NO. 17172611352 Dec. 12 2006 02:41PM Pi r~""\lI_W_II_"""'''-'-'-'''''.-'''''''.''''U'''' . " ~ Ira I , . ' " ' AXA Advisors, ac ' ' Setl11.o~ H"wba1<er, turCb C~FlPI r- in&l'l(;~\I, ')for~i~slonal ' ' , , , : ;1 ~..' . ~ . ' " .," " I' ,,' I , " i' . ':. :- : I , I ,:,J~rly' A. ;Wi.::iglt:,.B~q. I,; 1~6Eas~:K,ln~ S~,.e,et: . :Sl,ippeJ~f:hlirg, PH. 17257 RE: CLlNTON L. CRAIG IRA CONTRACT #306 636 g72 ,~ ,.".: ''11 . 1 :L.liOA-I. J~;u!'. .,'" QIS 0"" ' '::, ' : , l~,pJ 'y~I(I( ~\)l J vi)j1(1ndcilCC on 12/B/O(; l"lvqu"::itint; tho fi1'Ult'\cinl irnpnct oi) 1\ f(.wced , )VITllDl1A \VAL of$22,412.8(; fr<.nn 1,hQ (~hlWO mUllborod IR.^, Ccm1:1'uot: ' Decembe,t' 11~ 20~6 ' FAX 717~532';$289 1,Pc:lgQ I',. I'; ( , ~" I 1. 100'% TAXABLE == $22~412.86 X 20% !O:~ $4,482.57 2. 10% PenuHy i'1l1posed by IRA Rules and Regulatinns for withdrawal before iigC 50 y.). = $22,4] 2.86 " 10% == $2~241.28 ' ~. AX1\. l~l,;mdty fUJ \VTTTlDRAWAL (Jf$22,412.0(;.~ $I,559.J6 'rOTAL;;:: $4,482.57 . $2~241.28 ~l""Ql(\ $H.2~3.Ul ., ,qUII{,l.m UI.J\;;:-O Hut Imvl,; (my }J~po,w\)J'k, ~t wmd~ b(, required t<) bo COn1)')1"tcd ,nt 1i'll' ,offioo. {\Jso a COpy of the CQl)R T ORDER is requil'ed to bettUachcd to t116' W1THDRA'W At tj;A]>I:,:'R"h'OT K . ' · :. . : . :,;... . i ~ !J"\,/:V' l{ . "'. . '. , " ,I I, . j' ,', .: ' I' , " Firon1 Ow dute the paperwork would le,ave my ~)fiicCI it. would be apl't'oximat~Jy a 2 week . "r~r,inA j; .. .,' :1. I.!\ 'I: ,:',: S~11cel'ely, , f2~ F.,I / I),! I .~-: ~~.J7f"~~ , I~et(y eL Hawbaker Certified Fitla1~cial Planner DEnNDANT'S EXFIBIT A rT , AXA ADVISORS \",' i' {l!; r'(~lIm:i ,'If I AVi'r II JI', i>rDt(,\.<'I()n;~1 AIl~ HulJdlnq, 5ult(' i' J 0, C;himl1k:r~l>urg. fY\ 17201 T('/; (7 PI /h 1. I S!:ii' Fax: 17171 n I, I ~!?2 llt:l! y luu" 1"\IV')ctk.~1 ~t1"""Yl~h/l~,)r.s, t" (1111 S"I '41i\\(". \',rrc"..~,d thre.'L1!'Jh A'tIA Advi5'r.>rs', l..I,r ("'V MV " I ?':\ 111.III./''Ifll, rnmnht,:, NN,n o;IP( R e c e i V e d Tim e 1110 e c ' 1 2 . J,. 1 : 39 PMrts offered ttlrDU~jf1 AXA. N(~rwmk, 11C i'1l1d it~ ~ul.l~i(lji,l(i(.:S. www.AXAonllne.com LAW OFFICE o EC 0 Ii' 2000 H. ANTHONY ADAMS 49 WEST ORANGE STREET, SUITE:3 SHIPPENSDURG, PENNSYLVANIA 17257 TELEPHONE (717) 5~2.:3270 FAX (717) 532-667;{ December 6, 2006 Jerry A. Weigle, Esquire Weigle & Associates, P .C. 126 East King Street Shippensburg, PA 17257 RE: Craig vs Craig Dear Jerry: My client is not interested in distribution by QDRO and I do not believe that it is necessary. Mr. Craig will simply have to request the funds and suffer the tax consequences or borrow against them. The Court Order states that payment is to be made in 20 days and we expect Mr. Craig to meet that requirement. If he does not I intend to ask for a finding of contempt. Sincerely, \ .~'~\C~~:..-' H. Anthony Adams HAA: dmb DEFENDANT'S EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C. Craig : No. 01-6593 Plaintiff vs. : Civil Action - Law Clinton L. Craig Defendant PETmON FOR FINDING OF CONTEMPT Now comes the Petitioner, Cynthia C. Craig, by and through her attorney, H. Anthony Adams, Esquire and sets forth the following: 1. An order of court to enforce a separation agreement after petition for special relief was entered on November 28, 2006. A copy of the order is attached hereto and made a part hereof. 2. The Defendant has failed to comply with the order of and has not performed any of the acts required by that order. 3. The Plaintiff has again been required to seek counsel to enforce the agreement and will be required to pay legal fees in the amount of $500.00. - IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C. Craig :No.01-6593 Plaintiff vs. : Civil Action - Law Clinton L. Craig Defendant CERTIFICATE OF SERVICE A copy of this petition is being mailed by first class mail to Jerry A. Weigle, Esquire, Weigle & Associates, P.C. 126 West King Street, Shippensburg, Pennsylvania, 17257. \:J\d\ Ob ~.\~~ -::--" .. ~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 Wherefore, Plaintiff requests your Honorable Court enter an order to hold a hearing to determine if Defendant is in contempt of court and further to order payment of interest at he legal rate on the amount of $22,412.86 from September 29, 2006 together with costs of proceedings and additional legal fees of $500.00. ~~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Petition 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 unsworn falsification to authorities. Date:'l}-d\ - aLa ( ~ \ ( "---.---., CYNTHIA C. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLINTON CRAIG, Defendant NO. 06-6593 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 28th day of November, 2006, upon consideration of Plaintiff s petition for special relief and Defendant's answer to Plaintiff s petition for special relief, and following a hearing held on November 27, 2006, it is ordered and directed as follows: 1. Within 20 days of the date of this order, Defendant Clinton L. Craig shall pay to Plaintiff t~e sum of $22,412.86; and 2. Within 20 days of the date of this order, Defendant Clinton L. Craig shall pay to Plaintiff the sum of $850.00 as reimbursement for attorney's fees with respect to this enforcement proceeding, plus costs of suit. BY THE COURT, H/nthony Adams, Esq. fiWest Orange Street Suite 3 Shippensburg, P A 17257 Attorney for Plaintiff Jerry A. Weigle, Esq. 126 East King Street Shippensburg, PA 17257-1397 Attorney for Defendant 1111! COPY FROM ReCORD ~""r lit ~MJywher8of. , here unto_.... ,.. !he._ of ~1 ~."> ~'1t CarttaIe PI y!~_~~da6~~ , ; ( ,,~~, '~) f:'::': ,~_ ~J { '~'-J 4 CYNTHIA C. CRAIG, Plaintiff v. CLINTON CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6593 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR CLARIFICATION AND/OR RECONSIDERATION OF ORDER OF COURT DATED NOVEMBER 28,2006 ORDER OF COURT AND NOW, this 27th day of December, 2006, upon consideration of Defendant's Petition for Clarification and/or Reconsideration of Order of Court Dated November 28, 2006, the petition is denied. BY THE COURT, AAnthony Adams, Esq. 49 West Orange Street Suite 3 Shippensburg, P A 17257 Attorney for Plaintiff ~ A. Weigle, Esq. 126 East King Street Shippensburg, P A 17257-1397 Attorney for Defendant .... C.:.V'in. 1"'1 .i,ll ....; ell :8 Hd l. 2 J]O 900l ..j(-' -'~ , t J' ty DEe.l7 2006 ~ IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C. Craig :No. 01-6593 Plaintiff vs. : Civil Action - Law Clinton L. Craig Defendant ORDER 1"2"'. U:07 And now this 2., J. day of December, 2.e06 upon the motion of H. Anthony Adams, Esquire and after consideration of the facts set forth in the attached petition, a hearing in the matter to determine if Clinton L. Craig is in contempt of this Court's Order of November 28, 2006 is scheduled for the ~(p 7ft day of ~ ' 2007 at II :()() o'clocl@pm in Court Room No.1 of the umberland County Courthouse, Carlisle, Pennsylvania, 17013 By the Court, ~ ~)~1' ;Lv VINV'^lASNN3d )JJ\lnO~) o!'rtlll:!~nO +tC :Z Wd E- NYf LOOZ JJNl~ma :K) IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA Cynthia C. Craig :No. 01-6593 Plaintiff vs. : Civil Action - Law Clinton L. Craig Defendant TO THE PROTHONOTARY: PRAECIPE The Defendant having fully complied with the Order of Court issued by the Honorable Judge J. Wesley Oler, Jr. on November 28,2006 the Plaintiff's Petition for Finding of Contempt is moot and Plaintiff requests that the matter be dismissed. <_I ~-=> H. Anthony Adams, Esquire - Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 r---.;> = = ....... <- :cO> -,.".,~ ~ N v::> ~ ,. ~ o