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HomeMy WebLinkAbout05-4226TREVA J. CRAIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 05-_ yakG MATTHEW R. 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 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 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, 1 Courthouse Square, Carlisle, PA 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 TREVA J. CRAIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW MATTHEW R. CRAIG, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Treva J. Craig, by and through her attorneys, Weigle & Associates, P.C., 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: 1. Plaintiff, Treva J. Craig, is an adult individual presently residing at 66 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257, since July 1997. 2. Defendant, Matthew R. Craig, is an adult individual presently residing at 17 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257, since January 2005. 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 March 27, 1998 in Hagerstown, Maryland. 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. The parties have lived separate and apart since August 18, 2004. 9. The Plaintiff requests the court to enter a decree of divorce. 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. WEIGLE & ASSOCIATES, P.C. By:,.. Je A. We le, Esquire A orney for laintiff Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSOURG, 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. Dated: 1 (c S IV ` reva J. Craig, Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 C.. cr llb» -? ? (7 w TREVA J. CRAIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 05-4226 MATTHEW R. CRAIG, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Patricia A. Frey, being duly sworn according to law, deposes and says that on August 30, 2005, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, Matthew R. Craig. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Matthew R. Craig 66 Fox Hill Road Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." Patricia A. Frey Sworn to a?l subscribed before me this3l day of August, 2005. od-" A / Gr???- Notary Public NOTARIAL SM PATRICK L TOME Notary Public 9VPENW-"i80R0JGH,CUMBERLANDCoJN[V My Commission Expires Jun t. 2008 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 TREVA J. CRAIG, V Plaintiff MATTHEW R. CRAIG, Defendant r u1 , m v- r OF I 0 s a' logork postage S, M Sw Cerdaed Fes , C3 M Rearm Reclw Fee (Endorsement Required) r O Restricted Oell"ry Fee W1 (Endorsement Required) r r 0 Tote) postage & Fees @ $ S M C3 o m?fh, M1 iii Aat No.: .7S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4226 IN DIVORCE PROOF OF SERVICE P,liebnerk rere ON f\ 19 ab ¦ Complete Items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailp)ece, or on the front If space permits. 1. Article Addressed to tY?cF4hew R.Cyatq l010 Fox Hit Road shlpppnsbhiSTRICTED DELIVERY A. X 0 Agent C. '' C L LI"L ?- O-O D. Is delivery address dI(Fel rem Rem,? 0 Yes g YES, enter delivery address below: ? No I3. 'Sywce type Gentled Mall ? Express Mail 0 Registered f$ Return Receipt for Merchandise Restricted Delivery? Parts Fee/ 2. Article Number 7004, 0750 0003 9409 9355 (Tiansrer from service labeQ Ps Form 3811, Febnwy tow Domestlc Return Receipt tllale6atr#4i610 EXHIBIT "A" WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS6URG, PA 17257-1397 t:n r Ml -rl ? f N 1.-a?I N TREVA J. CRAIG, Plaintiff V. MATTHEW R. CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 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. 4. 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. 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. , ? ag Date Treva J. Craig / r? TREVA J. CRAIG, Plaintiff V. MATTHEW R. CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 Waiver 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. id, I Date I C-0 r TREVA J. CRAIG, Plaintiff V. MATTHEW R. CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 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. 4. 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. 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. Date ?.t ? j ?,_.?+, S"'Z " ?;? # '" ? ? ; ^; t r..., S-? j S ??Z +... Vu TREVA J. CRAIG, Plaintiff ) V. ) MATTHEW R. CRAIG, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. A f? top, 2 Date Matthew R. Craig ?""? t??r e' ""'? -'a ?,? ; ? ; yam. ? ;' E?:% v ?:. s' .. ; ?-, ?, "?,?,. "a T r?3 '. £:% TREVA J. CRAIG, Plaintiff ) V. ) MATTHEW R. CRAIG, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on August 30, 2005. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: by Plaintiff. February 21, 2008; by Defendant: February 18, 2008. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in 3301 Divorce was filed with the Prothonotary: March 3, 2008. Date Defendant's Waiver of Notice in 3301 Divorce was filed with the Prothonotary: March 3, 2008. Paul M. Ferguson ' Supreme Ct. No.: 203293 Attorney for Plaintiff Frank W. Fogelsanger Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 1i c7 TREVA J. CRAIG, Plaintiff V. MATTHEW R. CRAIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 4226 IN DIVORCE PROPERTY AND MARITAL SEPARATION AGREEMENT THIS AGREEMENT, made this I s+ day of 2008, by and between Matthew R. Craig, hereinafter referred to as "Husband," who resides at 22 North Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257, and Treva J. Craig, hereinafter referred to as "Wife," who resides at 66 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on the 27`" day of March, 1998 in Hagerstown, Maryland, and now agree the marriage is irretrievably broken and mutually desire to live separately and apart from each other; and WHEREAS, Husband and Wife have each exercised good faith and have disclosed, completely and accurately, to each other regarding all financial and property matters pertaining to this property and marital settlement agreement; and WHEREAS, Husband and Wife mutually desire to settle by agreement all matters regarding their marital affairs, child custody, personal property, real property and finances; and WHEREAS, Husband and Wife mutually intend this Agreement to be a final disposition regarding the marital issues addressed herein and mutually intend this Agreement be incorporated into any subsequent divorce decree; and WHEREAS, the consideration for this contract and Agreement is the mutual benefit to be obtained by both of the parties hereto and the promises, covenants and agreements of each of the parties to the other, and the adequacy of the consideration for all promises, covenants and agreements herein contained is stipulated, confessed and admitted by the parties. THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter set forth which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: Page 2 of 10 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband or Wife 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) or (d) of the Pennsylvania Divorce Code of 1980, as amended. 2. 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. 3. 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. Notwithstanding such incorporation, this Agreement shall not be merged in the divorce decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 4. 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. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by Paul M. Ferguson, Esquire, of the Neuharth Law Offices, who is Wife's legal counsel and who prepared this Agreement. Husband acknowledges he has been advised of his right to seek legal counsel, and he has declined to do so. Both parties acknowledge they fully understand the facts and have been informed fully as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is fair and equitable, and the parties are entering into this Agreement freely and voluntarily after having received such advice and with such knowledge, and that the 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. Page 3 of 10 6. PERSONAL RIGHTS Husband and Wife 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. Husband and Wife 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 in any manner whatsoever with him or her. 7. SEPARATION DATE The parties do hereby acknowledge they separated on August 18, 2004. The parties hereby agree that August 18, 2004 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. 8. REAL ESTATE AND MOBILE HOME A. The parties hereto acknowledge and agree that Wife is the owner of real estate known as 222 Fox Hill Road, Newburg, Cumberland County, Pennsylvania, and more specifically described in Cumberland County Deed Book 162, at Page 1094 which was acquired by Wife prior to the marriage. For and in consideration of the mutual promises, covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that Husband shall claim no interest in said real estate whatsoever. B. The parties further acknowledge and agree that they are the owners of a 95 Pinegrove mobile home situate at 66 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania. Husband and Wife further stipulate and agree said mobile home shall become sole and exclusive property of Wife. Wife agrees to refinance the parties' joint loan obligation thereon so as to remove Husband's name from any liability therefore. Husband agrees to execute any and all documents that may be necessary to convey sole and exclusive title to said mobile home in Wife. 9. PERSONAL PROPERTY Husband and Wife hereby acknowledge they have previously divided their tangible personal property, 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 Husband agrees that all the property in the possession of Wife shall be the sole and separate property of Wife and Wife agrees that all the property in the Page 4 of 10 possession of Husband shall be the sole and separate property of Husband. 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. 10 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. 11. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties hereto acknowledge and agree that any deposited funds have been previously divided between the parties in an equitable fashion prior to the execution of this Agreement. 12. MBNA DEBT OBLIGATIONS The parties agree that Husband shall be solely responsible for repayment of the entire amount of the parties' joint MBNA Debt Consolidation Loan, account number 163075832, currently amounting to approximately fourteen thousand, five hundred dollars ($14,500.00). Husband agrees to refinance said MBNA loan obligation in his name only immediately on the execution of this Agreement. 13. WAIVER OF CLAIMS TO EMPLOYEE BENEFITS Husband hereby waives any and all right to claim any interest or share in Wife's pension through J. Paul Fogelsanger Insurance Agency, Inc., valued at approximately one thousand dollars ($1,000.00). Wife hereby waives any and all right to claim any interest or share in Husband's pension through Central Pennsylvania Teamsters (ABF Freight) valued at approximately thirty thousand dollars ($30,000.00). 14. CUSTODY AND VISITATION OF MINOR CHILDREN The parties hereto agree that they shall sign a separate stipulation and agreement regarding the custody of the parties' two minor children and said stipulation and agreement shall be filed in the Court of Common Pleas of Cumberland County, Pennsylvania. The terms and provisions of the Order of Court entered as a result of said custody stipulation and agreement shall control in all matters related to custody insofar as the Order of Court conflicts with this Agreement. Page 5 of 10 15. CHILD-RELATED EXPENSES The parties agree to share all child-related expenses on an equal basis. Husband shall pay all child-related expenses, and each month Wife shall reimburse Husband 50 percent of such expenses incurred during the month. When school is not in session, the party exercising custody shall pay for child care expenses incurred during their custodial period. 16. INSURANCE The parties agree that Husband shall be responsible for carrying and paying for medical insurance for each of the children until such time as the children complete a four year college education or are otherwise gainfully employed and emancipated. Such medical insurance shall include dental, vision and prescriptions. Wife shall enroll in COBRA insurance, or an equivalent insurance plan, for herself at her own expense. Should the financial or other circumstances of the parties change, either party may seek an appropriate modification in a court of law exercising proper jurisdiction in this case. 17. INCOME TAX RETURNS The parties hereto acknowledge, understand and agree to the filing of separate tax returns, and from the date hereof, the parties agree to file separate tax returns. 18. TAX TREATMENT OF MINOR CHILDREN Each party shall claim one child for federal, state and other tax purposes. Once the eldest child is emancipated, the parties shall claim the youngest child for federal, state and other tax purposes on alternating years. 19. LEGAL FEES Wife shall pay the cost of legal fees incurred in the preparation of this marital agreement and all legal fees and court costs in connection with obtaining a mutual consent no-fault divorce under Section 3301(c) or (d) of the Pennsylvania Divorce Code. Husband agrees to cooperate by executing the necessary affidavit of consent, waiver of notice and other documents required to effectuate said divorce, as requested by Wife's legal counsel. 20. 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 Page 6 of 10 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. Husband and Wife intend 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. 21. WARRANTY AS TO FUTURE OBLIGATIONS Husband and Wife each promise, 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 party shall hereafter incur a liability whatsoever for which the estate of the other may be liable. 22. 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. 23. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) or (d) of the Pennsylvania Divorce Code of 1980, as amended. Wife agrees to pursue the present divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, No. 05 - 4426, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the affidavit of consent and waiver of notice, at such time after the 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. Page 7 of 10 24. 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. 25. 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. 26. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. 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. 28. 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. 29. 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. Page 8 of 10 30. RECONCILIATION The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Furthermore, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not effect in any way the legal effect of this Agreement or cause any new marital rights or obligation to accrue. 31. 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. 32. 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. 33. 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 parry to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry 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. 34. 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 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her 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. 35. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are Page 9 of 10 inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 36. 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 hereunto have set their hands and seals the day and year first above written. WITNESSES: Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ); day of P b 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, Matthew R. Craig, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. C(}MWNWEALTH 0 NSnvAI NOTARIAL SEAL FDEE910mRAH WARREN, Notary Public isburg Ywp., Cumberland County nsssion Fxalres Nov. % 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this ? I day of -Te. br" 2008, a Notary Public, in and for the Commonwealth of Pennsylvania and County o Franklin, Treva J. Craig, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARM SEAL RE/1TRtX K WAr WR NOtOry Public ?p11pN,lR#MNilO01NV Silt CommkNon ExPiM 00 26. 2011 t p• ,t` - At 3 I A 00AW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j PENNA. TREVA J. CRAIG, `- Plaintiff N O . 2005 - 4226 VERSUS MATTHEW R. CRAIG, Defendant DECREE IN DIVORCE AND NOW, bd-> ?' Lot?SS IT IS ORDERED AND DECREED THAT AND Treva J. Craig Matthew R. Craig ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 BY THE COURT: r ATTES J. PROTHONOTARY .,,