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HomeMy WebLinkAbout09-31810 Vicki M Cromer, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 199 - 34f Alan L Cromer, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or 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 Courthouse, Carlisle, Pennsylvania. 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, P 71J4-M-3166 James filler, Esquire A nev for Plaintiff Vicki M Cromer, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 9- 31 F/ n? 7Z, Alan L Cromer, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1 Plaintiff is Vicki M Cromer, an adult individual currently residing at 1128 Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2 Defendant is Alan L Cromer, an adult individual currently residing at 180 Quarry Hill RD Shippensburg PA 17257. 3 Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4 Plaintiff and Defendant were married on October 7, 1994, in Cumberland County, Pennsylvania. 5 There have been no prior actions for divorce or annulment between the parties. 6 The Plaintiff is a citizen of the United States of America. 7 Neither Plaintiff nor Defendant is not a member of the Armed Services of the United States of America. 8 Plaintiff avers that there is no child of the parties under the age of eighteen. 9 The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301 (c) and (d) OF THE DIVORCE CODE 10 The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11 The marriage of the parties is irretrievably broken. 12 The parties will have been separated since on or about November 2005, a period in excess of two (2) years. COUNT 11 EQUITABLE DISTRIBUTION OF PROPERTY 13 The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14 The parties have acquired certain property and assets which constitute marital property. 15 The parties executed on or about October 7, 1994, a certain Prenuptial Agreement that is attached hereto as Exhibit A. 16 In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree: 1. dissolving the marriage between Plaintiff and Defendant; 2. equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Respectfully Submitted, James A. M' r, Esquire Miller Ljpaift LLC At ey for Plaintiff 65 Poplar Church Road Camp Hill PA 17011 71 7 737 6400 a amesOmillerlipsitt.com VERIFICATION I verify that the statements made in this Divorce Complaint 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: 13 c-7 Pt Y 1 _ NOW Vicki M Cromer PRENUPTIAL AGREEMENT THIS AGREEMENT, entered into this day of 2?11 1994, by and between ALAN L. CROMMIZ, of Shippensburg, Cumberland County, Pennsylvania, "Party of the First ,partil . AND VICKI M. HAMILTON, of Shippensburg, Cumberland County, Pennsylvania, "Party of the Second Part". NOW THIS AGREEMENT WITIVESSETH THAT: WHEREEAS, it is the- intention- of the parties hereto- to- enter- into a marriage contract, which marriage is shortly to be solemnized by and between the parties; and WHEREAS; the Rarty of-the Second- Part hereto has been married heretofore and has living children by such prior marriage; and WHEREAS, the Party of the First Part has a living child by a previous relationship; and WHEREAS, it is. desired that the property rights of each of the parties hereto- be fixed. by this Prenuptial Agreement. THEREFORE it is agreed between them as follows: One It is agreed by and between the parties hereto that the Party of the First Part and the- Party of the Second- Part shall at all- times and on all occasions have full right, liberty and authority, and as fully and in all respects the same as they would have if not married, to use, enjoy, manage, convey, mortgage, grant, alienate and dispose of any and every part of their preient_ individual estates. of every kind. and character, including future gifts or inheritances and- 4rwAfop/r?+ - any appreciation thereon, including also, the right and power to dispose of same and aH and every part of same, by Last Will and Testament, all and each and every part thereof as they shall from time to time deem fit and proper. It is further agreed by and between the parties hereto that such property_ referenced herein- shall- be-regarded- as- non-marital- property-under the divorce laws of the Commonwealth of Pennsylvania unless such property is transferred into joint ownership by the parties. Two The Party of the First Part on his part further agrees, that in the event of separation or divorce of the parties, to disclaim and release, and does hereby disclaim and release, to the Party. of the. Second Part, her heirs, legal representatives; assigns-, legatees; and devisees, all and singular and every right, claim and estate, actual, inchoate, or contingent, and of very kind and character he might, would, or could have, hold or acquire in, to, or upon all or any of the property owned by the Party of the Second Part prior to the marriage of the parties, including the increase in the value during the marriage of said property owned by the Parry of the First Part, as well as any claim_ for spousal support, alimony pendent lite-, or alimony, by reason of the marriage, and by reason of being, or by reason of having been the husband of the Parry of the Second Part. Three The Party of the Second Part on her part further agrees, that in the event of separation or divorce of the parties, to disclaim and release and does hereby disclaim and release to the Party. of the. First Part, his heirs, legal- representatives, assigns, legatees and- devisees, all- and singular and every right, claim and estate, actual, inchoate, or contingent, and of every kind and character she might, would, or could have, hold or acquire in, to, or upon all or any of the property owned by the Party of the First Part prior to the marriage of the parties, including the increase in value during the marriage of said property owned by the Party of the First Part, as well as any claim for spousal support, alimony pendente lite, or alimony, by reason of the marriage and by reason of being or by reason of having been the wife of the Party of the First Part. Four Each party acknowledges and attests that he or she has made a full and complete disclosure of all of their respective assets to the other, and both acknowledge the receipt of said disclosure. Five If the Party of the First Part dies while the parties are married, it is his desire that his property be distributed in accordance with the terms of his Last Will and Testament, including all applicable codicils, if any. If the Parry of the Second Part dies while the parties are still married, it is her desire that her property be distributed in accordance with the terms of her Last Will and Testament, including all applicable codicils, if any. Six The Party of the First Part and the Party of the Second part hereby agree that all property acquired during the parties' marriage shall be considered marital property, including gifts between spouses, and gifts not specifically directed to the Party of the First Part or the Party of the Second Part, excepting only property acquired in exchange for property acquired prior to the marriage. Additionally, the real property currently aWan in the name of Alan L. Cromer (Party of the First Part) known and numbered as 55 East Penn Street, Carlisle, Cumberland County, Pennsylvania shall be considered marital property for purposes of this r Agreement In th it. is the desire of the Party of the First Party the event of separation or. divorce} . and the Parry of the Second Part to equally divide said marital property. if said marital Property cannot be divided equitably, then said marital property shall be sold, the net proceeds thereof to- be divided equally between the parties. Seven- This. instrument and prenuptial agreement shall benefit and bind each party hereto and the respective heirs, legal representatives and assigns of each, including any legatee or devisee named in the Last Will of each. Ei itt- Each of tJI parties represents to the other that he or she has read and understands the nature and import of this Agreement and each acknowledges that he or she has had the benefit of advice or his or her attorney. This Agreement contains the entire understanding of the parties hereto, and Nine there are no representations, warranties, promises; or undertakings, oral or Qtherwise,. other than those expressly set forth herein. The invalidity or unenforceability of any provision, term or condition of this Agreement shall not affect the validity or enforceability of the other provisions, terms and conditions of this Agreement. Ten This Agreement is entered into in the Commonwealth of Pennsylvania and shall be construed under and in accordance with the laws of the Commonwealth of pennsylvama and this shall in no way be affected by anY change in the domicile ofeither of the parties. WE intend to be legally bound- by this agreement. REOF, we have hereunto set our hands and seals this - day of c?ob? WITNESS WHE r, 1994. WITNESSED BY. PARTY OF THE FIRST PART f (SEAL) ALAN L. CRflMER PARTY OF THE SECOND T If COUNTY OF CUMBFRT.AND LNAT On this, the r01% day of September, 1994, before me, a notary P perwallY appeared the above named, VICKI M. HAMILTON, known to me or satisfactorily proven to be the same- person whose name is subscribed to the within agreement and she acknowledged the foregoing prenuptial agreement to be her act and deed. WITNESS WHEREOF, I hereunto. set my hand- and official seal. .Ev Nctarial Seal , BemA Morrison, Wary. Pubic. Carlisle Born, Cumberland ccxj* W comrt=1 Expires Dec. 15, Notary ?jbtc ember, Pennwkwia Association of Notaries COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this the-] t' day of 1994, before me, a notary public, personally appeared the above named, ALAN L. CROMER, known to me or satisfactorily proven to be the same person whose name is subscribed to the within agreement anal- he acknowledged the foregoing prenuptial agreement to be his act and deed. IN WITNESS WHEREOF, I hereunto set my hand and official seal'. NotafW Seal Betn A Mordsorr, Note ry Pubic ilon Carlisle Born, Cumberland Courit -J-" My Cw r?sdw Bores Dec. 15, Notary bli Member, P4iwyl+rarda .of-Notaries OF TH", !(IT -A) ir- 4 F'-, ?; ,,, ,., j)? oy 7MA y 9 y 19 AhII? r; FENN, 2'YLvir, mi 33f 0 Vicki M Cromer, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - :?31 g Alan L Cromer, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit, within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on May IQL" 2009. 2. The parties to this action separated on or about November, 2005, and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's expenses if I do not claim them before a divorce is granted. 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 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Tu'-kT -?JA, - Vicki M Cromer '?'{ fly} i r'i rr' L TARY ! fir' i? 2H9 MAY 19 AM 11: 0b- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA Vicki M Cromer V. Alan L Cromer NO. 09-3181 DIVORCE DECREE AND NOW, 7 O VI it is ordered and decreed that Vicki M Cromer plaintiff, and Alan L Cromer bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE B Court, Attest: J. Pr thonotary M/aq?ir- Osr.t. ecpy mailed -b f Milier Nc,;ee ?Ocpy mailed 4b attq .;?d.