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HomeMy WebLinkAbout04-1877 SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS'AT-LAW 26 W, High Street Carlisle. P A II MICHELLE CROZIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS, CIVIL ACTION - DIVORCE NO. 2004 - IP7? CIVIL TERM CARL H, CROZIER IN DIVORCE Defendant NOTICE 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 or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for PI .ntiff fhAW' / 2. Carol . Li dsay, Es'quire ID#4 26 West High Street Carlisle, PA 17013 (717) 243-6222 By: SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS.AT-LAW 26 W. High Street Carlisle. P A MICHELLE CROZIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION. DIVORCE NO, 2004. If7? CIVIL TERM IN DIVORCE CARL H, CROZIER Defendant COMPLAINT MICHELLE CROZIER, Plaintiff, by attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Michelle Crozier, who currently resides at 902 Maplewood Lane, Enola, Cumberland County, Pennsylvania, where she has resided since 1999. 2. The Defendant is Carl H. Crozier, who currently resides at 902 Maplewood Lane, Enola, Cumberland County, Pennsylvania, where he has resided since 1999. 3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint 4, The Plaintiff and Defendant were married on October 21, 1995 at Mechanicsburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEVS.AT.LAW 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling, Date: WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: , ~' - :,{f- / c;, arol J. ~aY Esquire - ID # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Lf /Ift! O~ SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEVS-AT.LAW 26 W, High Street Carlisle. P A " I ., I VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. '-m'\~ CA~ Michelle Crozier Date: l..\12.~j 0"\ (') ....., ~ = ~ = "9- .r' ~:n (:) ,_,I ;,"'" - , --0 9 1 ...0 , ;:0 ~~ ~ .\) :;:i 1') :'0 U} CP ~. C> ~~(~ ::c.'" ~ "):JJ ~~~ {~~ '".,.(") ~.. om ......... - 'R ~ ~-(' ---I 6 -u ;;~ 35 -; .r:- '< ~ --< Q) IN ~ .(l CY $ ~ SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle. P A MICHELLE CROZIER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLA~ID COUNTY, PENNSYLVANIA Plaintiff VS, :CIVIL ACTION. DIVORCE :NO, 2004 .18;77 CIVIL TERM CARL H, CROZIER :IN DIVORCE Defendant !PROOF OF SER\lleE AND now, this I (') day Of~T--' 2004, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I ser\/ed the Defendant, Carl H, Crozier, on May 6, 2004, with the Complaint in Divorce by Certified Mail, Return Receipt Requested, addressed to: Carl H. Crozier 50 Queen Ave. Enola, PA 17025 and proof thereof, the signed Return Receipt Card, is attached hereto. SAlOIS, SHUFF, FLOWER & LINDSAY, P,C, Attorneys for Plaintiff By CarolJ. ~ dsay, Esquire ID # 445' 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle. PA MICHELLE CROZIER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAIIlD COUNTY, PENNSYLVANIA Plaintiff VS, :CIVIL ACTION - DIVORCE :NO. 2004 -11177 CIVIL TERM CARL H, CROZIER :IN DIVORCE Defendant PROOF OF SERICI~ 0 ...., = 0 r c-.:.:-;! -n "'- "1: :~^: -I 92 J..,"" ::r:.,., ---: n,,:::..:. Z "Tl rn (f) -'5;' ~' 0 c5 ... ~ :..".1~? "'t) ;:L;-d ~,. :'t,~ " 1"') <..:~ ~j["n ::,-::; ..~ c.n J1 ....:,,: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA MICHELLE CROZIER, IN THE COURT OF COMMON PLEAS OF CUMBERLANDI COUNTY, PENNSYLVANIA Plaintiff VS, CIVIL ACTION - DIVORCE NO, 2004 - /~; 1 7 CIVIL TERM IN DIVORCE CARL H, CROZIER Defendant PLAINTIFF'S AFFIDAVIT OF C'ONSENT UNDER 153301 tcl OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under !j3301 (c) of the Divorcl3 Code was filed April 28, 2004. 2. The marriage of piaintiff 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 in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904 relating to unsworn falsification to authorities, Date:~ \'\\.:.d-o.llL ~ Michelle Crozier PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 15 33011cl OF THE DIVCIRCE 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, lawye~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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, 4904 relating to unsworn falsification to authorities Date: 8"~1()'-I ~d~CA.~ Michelle Crozier -n [1 "' r--.> c:~:. ~ :-....~ C:.: G') G', ;:~" C) 0) , . PROPERTY SETTLEMENT AND SEPARATION AGREEMENT , ''1 I " II ,0/..'1 L THIS AGREEMENT is made this I J day of - I i ' 2004, BY AND BETWEEN MICHELLE CROZIER, of 902 Maplewood Lane, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND CARL H, CROZIER, of 902 Maplewood Lane, Enola. Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are Husband and Wife, having been joined in marriage on October 21",1995 in Mechanicsburg, Pennsylvania; and R.2: The parties intend to divorce and to that end Wife will file a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania and Husband will accept service of the Complaint; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of temporary child support, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter 1 to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other, Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, Within ten (10) days of the date of this agreement, Wife will file a Complaint in Divorce and Husband will accept service. Ninety (90) days after service, the parties will file Affidavits of Consent and Waivers of Notice so that the divorce can be finalized. (3) REAL PROPERTY: The parties are owners of real estate at 902 Maplewood Lane, Enola, Cumberland County, Pennsylvania, The parties are presently residing in the marital home and will continue to do so until April 1 , 2004 when husband shall remove from the marital home. On or about April 1, 2004, Husband will give to Wife a deed transferring to her all his right, title and interest in the marital home and Wife will pay to husband $10,000.00. The home is encumbered by a first mortgage to Wells Fargo and a second mortgage to Bank One, Commencing April 1, 2004 Wife will be solely responsible for the payment of the two mortgages, the taxes and the insurance on the marital home. Further, Wife will be solely responsible for all utilities and other expenses relating to the marital home, Until April 1, 2004 the parties will 2 equally divide all costs related to the home including mortgages, utilities and repairs. Wife will refinance the marital home so that Husband is no longer liable thereon. Wife will pay to husband one half of the equity in the marital home as determined by subtracting from the appraised value of the house the payoffs of the two mortgages on the date of refinance, Husband acknowledges the $10,000,00 received on the day he vacates the marital home shall be an advance on his one half share of the equity in the marital home. (4) DEBT: A. MARTIAL DEBT: At the time of their separation the parties had incurred the following marital debt i) An AT&T credit card in Husband's name, ii) A Discover credit card in Wife's name, iii) Certain other debt which the parties incurred in their individual names. Husband will be solely responsible for his AT&T credit card. Wife will be solely responsible for the Discover credit card except that Husband shall pay to Wife $875.00 at the time of the parties physical separation. Husband will make the payment as an offset against the $10,000,00 which Wife will be paying him at that time, The parties will each be individually responsible, in addition, for any debt incurred in their individual names, They hereby warrant one to the other that there are no other joint obligations of which they have knowledge. The parties will, on April 1, 2004, close any store credit card accounts or other credit accounts for 3 whiCh they might be jointly liable. B: Post Separation Debt: In the event that either party contracted or incurred any debt since March 1, 2004 other than the credit card debt referred to in Paragraph 4(A) above, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Husband will retain the Chevrolet Blazer and Wife will retain the Ford Explorer, Each party relinquishes any right, title and interest he or she may have to the vehicle being retained by the other. Within ten (10) days of the date of payoff of the lien on each vehicle. each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party will be solely responsible for any repairs or costs associated with the vehicle he or she is retaining, Wife will be solely responsible for the Onyx Corporation lien on the Ford Explorer and Husband will be solely responsible for payment of the PSECU lien on the Chevrolet Blazer. Each party hereby indemnifies and holds the other harmless on account of any loss which the other might have from failure to pay the vehicle loans set out above. On April 1. 2004 the parties will separately provide automobile insurance for the vehicle he or she 4 is retaining and will be solely responsible for payment of his or her own insurance. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property listed on an exhibit attached hereto as Exhibit "N'. Additionally, Husband will have the use of the personal computer on a temporary basis until such time as he purchases his own new personal computer and he may have as his own separate property either the washer and dryer or a refrigerator if his new residence does not have one or the other, It is not the parties intention that Husband should receive the washer and dryer and the newer refrigerator. Wife will contribute up to $1,000.00 to Husband for the cost of a bedroom suite for the parties' child. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance. bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Specifically, the parties will retain their own retirement benefits including 401(k) plans or pension plans and the parties will retain any life insurance policy which they own at the date of this agreement. The parties each agree that they will be solely 5 responsible for payment of the insurance policy which he or she retains. Wife has been given the right to service a paper route for the Patriot News, a right which cannot be transferred to Husband. It is, however, the parties intention that Husband do the work to service the paper route and he receive the income therefrom. Wife, therefore, permits Husband to act as an independent contractor in delivering the papers for the Patriot News on the route assigned to Wife, Wife will receive payment from the Patriot News for the paper route and will pay Husband as an independent contractor for his service of the paper route in the full amount received by Wife. Therefore, Wife will show on her tax returns income received from the Patriot News but that income will be offset by the independent contractor expense for those monies paid to Husband. Husband will report independent contractor income on his federal, state and local income tax returns in the amounts paid to him by Wife, Husband will receive the entire severance amount, which will be paid to him by his former employer. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, Wife is represented by Carol J, Lindsay, Esquire and Husband is unrepresented but is advised of his right to review this agreement with counsel. Each party acknowledges and 6 accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the 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. The parties shall be individually responsible for any attorneys' fees incurred by them. (10) CHILD SUPPORT: Husband will pay to wife the amount of $200,00 per month on a temporary basis to cover the cost of school lunch and monthly fees for their child Lauren Crozier, born November 26, 1996, Husband will pay to wife directly fifty percent (50%) of any medical bills not covered by insurance and fifty percent (50%) of any child care costs should they arise when child care is necessary for Wife to work, (11) TEMPORARY CHILD CUSTODY: The parties are parents of Lauren Crozier, born November 26,1996. The parties will share physical and legal custody of the child with husband having custody of Lauren from Sunday at 2:00 p.m. until Wednesday after school. Wife having custody of the child from Wednesday after school until Sunday at 2:00 p.m. The parties agree to divide holidays in half so each party has some custodial time with Lauren on holidays. Until such time as Husband acquires adequate childcare for the periods when he works in the evenings, Husband will deliver Lauren to Wife every night before bedtime and Lauren will stay with Wife overnight while Husband finishes his work obligation. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to 7 time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Wife will name Lauren as an income tax exemption every year commencing 2004. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 8 (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof, 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 party's rights against the other for 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 the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically 9 provided in this Agreement, Husband and Wife. for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; S. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right. title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of 10 or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H, All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time. and under the provisions of any similar statute enacted by any other country. state, territory or political subdivision; L All rights, claims, demands. liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall sUNive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be 11 available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ~ c#j'll ' 12 Exhibit "A" Property of Carl H, Crozier: y Living room couch y Love seat y Sofa y Picture y Living room end tables y Lamps y Chairs y Living room drapes y Coffee table and shelf y Entertainment center y Table in dining room y DVD and VCR in family room y Weight bench and smith machine in basement ).0- Tool chest and contents inside ).0- Computer desk ).0- TV in Master bedroom y Computer equipment y Half of the pots and pans, silverware, glassware and towels Property of Michelle Crozier: y Family room furniture y Snow blower y Bedroom furniture from Master bedroom )> Bedroom furniture from Child's bedroom )> Lawn mower and yard equipment y TV in family room and office y VCR in office 13 C"2 ~.., (=:J :i:2 C) r\ " ,---2 Cl -Tj -, ~ , Ii, ~'J CJ ~. -~ ~.~'1 .: (11 (P SAlOIS HUFF, FLOWER & LINDSAY o\TTORNEYSeAT.LJ\W ~6 W. High Street Carlisle, P A II I , MICHELLE CROZIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS, CIVIL ACTION. DIVORCE NO, 2004 -1877 CIVIL TERM CARL H, CROZIER IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT UNDER !l3301(el OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1 A CJ:ilp!aint in Oivo;'ce li,1de:f ~3;jOI (c) uf ..he Divorce Cooe was filed April 28, 2004. 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 consenl to lhe entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsiflcjJn to aut rities. (_ I .! '" i' Date: ir/j~, 14Cf I i ;' , C H i DE~ENDANT'S WAIVER OF Ndnc~ OFiINTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Ii 3301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand thai I may lose rights concemlng alimony. division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I unden:>tand th~t I vvil1 not 08 cf;,'r:)~(:wi !Jnt!l :J Di'/');,ce De!:~e0 i~ entemd by th[: CGl..i~ '::rid that a copy of the Decree will be senl to me immediately after It is filed with the Prothonotary. I verify that the slalements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that fals ements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to u rn falsifi tion t authorities Date: DE.e 2 S 2004 SAID IS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LA W 26 W. High Street Carlisle, PA II MICHELLE CROZIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. 2004 -1877 CIVIL TERM CARL H. CROZIER IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3301 (El) (1) oftlle Di'/orce Code. (Strike ouT inapplicable section) 2. Date and manner of service of the complaint: Certified mall, return receipt requested on May 6, 2004, Proof of Serviced filed with Prothonotary May 10, 2004. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 330 I (c) of the Divorce Code: by plaintiff: Augnst 13,2004: by defendant: December 16,2004 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related Claims pending: None: The terms of the Propertv Settlement and Separation Al!reement of Aprll13, 2004 are Incorporated but not merl!ed into the Decree in Divorce 4. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file Praecipe to transmit record. a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: August 16, 2004 Date defendant's Waiver of Notice m 330] (c) Divorce was filed with the Prothonotary: J~",,- ,j} 9/ () Lf (Jt ? " :)~ sa Esquire Supreme C D 44693 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for PlaintiiJ ,-;> "c:;) c:.~~' .;::- q ,,",, ~ 'C'" ~ cn , , _c," -;:~} \1"1 -,,,. -' cF\ <.1' - -~ ,..;'l''f.Of'f.'t:+.Of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + . . + . . . + . + + . + + . + . + . . + + + . . . . + + + . . . . + + + + . . . + + + . + + + + + . + + + + + + + + + + . . + '+Of:4' :4' + + . + + . + + + + + + + . + + + + + + + + + + + . + + + + . + + + + + +> + + + + + + + . + + . + + . + + + + + + + + + + + + + . + + + + + + + + + + + '+ + '+ '+ + ~ ++ ;t::+;;t::to; :to; 'Ii;t::to; ",:to; T. 'to Of '+:+; T. 'f. '" '+ 't: 'f. 'f. +. 'f.;tOf+"'.+':++""++ +~+'T.T.~+'+''f.++++++T.+T.++'T.+'Ii+'+'+~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MICHELLE CROZIER No. 2004 - 1877 Plaintiff VERSUS CARL H. CROZIER DEFENDANT DECREE IN DIVORCE AND NOW, ,j 2,)) S , 71')0;', IT IS ORDERED AND DECREED THAT Michelle Crozier , PLAINTIFF, AND Carl HoO Crozier , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None: The terms of the marital settlement agreement of April 13, 2004 are incorporated but not merged into the Decree in Divorce. ATTE (1~ PROTHONOTARY . . +'+'+:f+ . ~ + +.;f;f;f + "'~'i''i''i'+ ++'+T.++++T.++.++++.'t:+++~+++++++~+++~ H+ + + + + + . + + + + + + + + + + + + + + + + . + + + + + J. - fi...? p/?fJ' ~I r7~ -5(7. ()/,' 4'~ P ~ ....r'7t' ~cl .re5-~tJtJll .,'''' .