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Home My WebLink About06-2800 v. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNT~PA NO: be" J.l"ov -'-2006 GEORGE W. CRAFT, II, Plaintiff BRENDA L. CRAFT, Defendant CIVIL ACTION - LAW 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!lgainst 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 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. The Court of Common Pleas of Cumberland County is required by law to comply with the Amercians and Disabilities Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE TIDS 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 LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle. PA 17013 TeleDhone: (717) 249-3166 BATURIN & BATURIN By: ~//fY\ ~ HARRY~URlN, ESQUIRE 717 N, Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney LD, No, 83006 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: O~/:ZY'()t) -1-2006 GEORGE W. CRAFT II, Plaintiff BRENDA L. CRAFT, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 330HC) OF THE DIVORCE CODE AND NOW, this-.!k...... day of (I'" ,2006, comes the Plaintiff, GEORGE W, CRAFT II, by and through his attorneys. the Law Offices ofBA TURIN & BA TURIN, and respectfully represents the following: I. The Plaintiff is GEORGE W. CRAFT II, an adult individual, sui juris, with a Social Security Number of 234-72-9712, and who currently resides at 6260 Haydon Court, Mechanicsburg, Cumberland County, P A 17050, and has resided there since 1997, 2. The Defendant is BRENDA L. CRAFT, an adult individual, sui juris, with a Social Security Number of 188-50-4760, and who currently resides at 6260 Haydon Court, Mechanicsburg, Cumberland County, P A 17050, and has resided there since 1997, 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on December 6,1997, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto, 6, Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling, 7, The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies, 8. The marriage is irretrievably broken. 9. There are no children born of this marriage, 10, Plaintiff requests the Court to enter a Decree of Divorce, \\.'HEREFORE, Plaintiff prays Your Honorable Court to enter a Decree in Divorce. divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. COUNT II CLAIM .'OR EOUIT ABLE DISTRIBUTION OF MARITAL PROPERTY !INDER SECTION 401 OF THE DIVORCE CODE 11, All of the avennents in Paragraphs 1 through 13 are incorporated herein as though each was set forth under Count ill as in Counts I, n. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, . , WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce: A. Dissolving the marriage between the Plaintiff and Defendant; B. Equitably distributing all marital property owned by the parties; and C, For such further relief as the Court may determine equitable and just. RespectfuIly submitted, BATURIN & BATURIN By: ~(Y]. ~ HARRY M, ATURIN, ESQUIRE Attorney No. 83006 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 (Attorney for Plaintiff) F~ )U ~ -<: "" "? C> (" CI\ "", J? " ~ .... ~ ~ ~ . . <n: ~ ~ 0 & ~ ~ () "> ~ c::: ~ is:' "c'/ ~ I'::n CDr: -< fTl,- ~"-\' "tJm f?~,~~:"- - ~6 0J ..... ;) .:'-"~.d ~.- :boo ~',c-H ~--- ifi;~' ~ ()-~! "0 - .~~5ril - ;?" ---f ~ :5 0/::" -< . \ ;. GEORGE W. CRAFT, II Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. BRENDA L. CRAFT Defendant NO. 06 2800 S 2006 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Harry M. Baturin, Esquire, ofthe law firm ofBaturin & Baturin, attorney for the Plaintiff in the above captioned matter, do hereby certify that on May 18 2006, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint in Divorce and Notice to Defend and Claim Rights attached thereto, bearing Article No. 7004 116000033332 1325, addressed to: Brenda L. Craft, 6260 Haydon Court, Mechanicsburg, PA 17050. The said article of Certified Mail, as shown by the Postal Retum Receipt Card was received by the Defendant herein on May 20,2006, and according to same, was signed by her, to wit: Brenda L. Craft, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated May 18, 2006, for said article of Certified Mail aforementioned. BATURIN & BATURIN By: tJv (i1 · ~/ Harry M. Baturin, Esquire Attorney I.D. 83006 2604 North Second Street Harrisburg, P A 17110 (717) 234-2427 (Attorney for Plaintiff) (") c S "'U (JJ mrn Z II ~r; ,.. c c c; ( c "'.', '~,' ' Dated: May 31, 2006 f' , ~, (oli l Lll flJ IT1 r-'I flJ IT1 IT1 IT1 U.S Postal ServIce CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage PrOvided) rdilNftsfi &\ OS, A L Postage $ IT1 t:J t:Jt:J Return R~ Fee (Endorsement Required) t:J Restricted Delivery Fee ..!I (Endolllllment Required) r-'I r-'I Total Postage & Fees Certified Fee $ $8.58 g Seiit To t:J r"- Brenda L. Craft ~-.=r---'-'",~~ u.......M1_ -=-.; Apt No.; ULOV" .....l'UUrr--COut"t..........-.----------_________. or PO 80K No. CitY.~;"iJ"P;4....~ecnanic-st5iirgi...PJr.-.17050---.-..--.. Brenda L 6260 Ha Mechanic D. s delIvery address dltrenlnt from Item 11 . 0 Yea If YES, enter delivery adches below: ~ l.,ab~ H A~~ c!.., iY\.RIf- fA- 11W- ~'Of 3lE 1ype CertIfIed Mall 0 Express Mall RegIster8d 0 Return ReceIpt for Men:tw1dIee o Insured Mall 0 C.O.D. 4. Restricted DelIwry? (ExtIa Fee) "- 2. ArtIcle Number rn-ter from seM:e label) PS Fonn 3811, Febn8y 2004 7004 1160 0003 3332 1325 Dornedc Rftm ReceIpt 1025ll5-02-M-154Q Exhibit "A" (") c S. "1:lGJ Q;! en zc:- \ (I) ,,'.:: G', -,' ,'" <:: ):;- 0, ?h :PC: z :2 .J,j,. D~':lgoo MARITAL SEYTLJj:MENT AGREEMENT THIS AGREEMENT, made this ~ day of ~ . 2006, by and between GEORGE W. CRAFT, II, of Mechanics burg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", *AND* BRENDA L. CRAFT, of Mechanics burg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in marriage on December 6, 1997; and, WHEREAS, divers unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which the parties are separated and are no longer living together as husband and wife; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including the division of their marital property and other rights and obligations of whatever nature growing out of their marriage and which occurred throughout their relationship prior to marriage and following thereafter. I I :l -~ , 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 I. I! I I and intending to be legally bound, it is agreed as follows: 1. MUTUAL RELEASE: Except as herein otherwise provided, each party hereby forever releases the other and his or her heirs, legal representatives, executors, administrators and assigns, from any and all claims, demands or actions, past, present or future and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further, I ~ each party, subject to the provisions contained in this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to, alimony, alimony pendente lite, equitable distribution, counsel fees, costs and expenses, 2. CONSIDERATION: The consideration for THIS AGREEMENT shall be the mutual promises and agreements contained herein, 3. NO INTERFERENCE: Each party shall hereafter be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and I umnarried, Neither of the parties shall molest the other, or compel the other to reside at such place or places as he or she may select. Each may for his or her separate use and benefit, t ! I; i conduct, carry on and engage in any business, profession or employment which he or she may prefer or deem advisable, 4. REAL PROPERTY: Ifrequired by Husband and at Husband's election, Wife shall transfer to Husband, by General Warranty Deed, all of her right, title and interest in the real property located at 6260 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania, I~ I i II I', being more particularly described in the deed , dated, fen Eyhlt>1-1 2006 2 conveyed to the parties herein and recorded in the Office of the Recorder of Deeds in and for fE1l. E,,,~ljl,J.1 Cumberland County, Pennsylvania, in Record Book , Page , All costs incidental to the recordation of the deed to the property from Husband and Wife to Husband, and any real estate transfer taxes, if any, will be the sole responsibility of Husband. Ifrequired by Husband, and at Husband'e election, Husband shall refinance the mortgage f>el\ c:..""", I ! j I on the property held by , and remove Wife's name from said mortgage. If Husband is unable to refinance said mortgage he will hold wife harmless for same. S. PAYMENT TO WIFE: Husband shall pay to Wife in full settlement and satisfaction of all marital claims of equitable distribution she may have, past, present or future, the sum of Thirty Five Thousand Dollars ($ 35,000.00), payable in monthly installments, for a period of one hundred twenty (120) months, at the monthly amount of Two Hundred Ninety Two Dollars ($ 292.00). There are to be no tax consequences for this payment to either party, This payment is to be made on the first day of the first full month following Wife's moving out of the I marital home, which Wife must move out of the marital home within four (4) months of the signing of this Agreement or September 1,2006, whichever day is later, I I ! 6. DIVISION OF PERSONAL PROPERTY: The parties agree that all items of personal property have been divided satisfactorily by and between the parties and neither shall make any claim to any such property presently in the possession of the other, 7. MOTOR VEHICLES: Any motor vehicle presently titled in the name of Wife shall remain her sole and separate property, Any motor vehicle presently titled in the name of , ! 1 ! j I Husband shall remain his sole and separate property, Each of the parties shall pay any balance 3 due on account of any of their respective vehicles titled in his or her name and all expenses incidental to ownership thereof, However, Husband will pay off the loan on Wife's current motor vehicle, which is , until same is paid off in full. 8. PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title and interest or claim, whatever it may be, in any I t i 1 pension! retirement! profit sharing! benefit plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension! retirement! profitsharing! benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried and waives any and all information relating thereto. However, the parties will keep the family rate of health insurance or an equivalent amount for same while the divorce is pending, Husband has made full disclosure of his Civil Service Retirement System Pension Benefits and Wife has agreed to waive any interest she may have in in said Pension and Benefits. However, Wife is entitled to 100% survivor benefits of said I f j pension at the time of Husband's death; however, said benefits do not include, and specifically exclude, Husband's death benefits, including, but not limited to, life insurance and Husband's .~ 1 . , I last month payment up to his date of death, if applicable and allowable under the law whereby Husband's natural children, Sara and Alex, shall be entitled to same, if applicable and allowable under the law, Notwithstanding this fact, Husband's natural children, Sara and Alex, shall be entitled to Husband's death benefits, if applicable and allowable under the law. Furthermore, Husband has prepared a Qualified Domestic Relations Order which outlines the specifics of the l I I , ~ $ I CSRS pension and same shall be incorporated into said Divorce Agreement. 4 9, HEALTH INSURANCE: Husband will pay Wife's health.s insurance premiums per month, if applicable and permissible, under the Federal Employees Health Benefit Plan (FEHBP) for a period of five (5) years, payable over sixty (60) months, 10. HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or I I J liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him, Any and all loans, including charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment no matter what date the debt was accrued. Husband agrees to indemnify and hold harmless Wife from any loss she may sustain as a result of any default in payment by Husband. Husband agrees to take whatever action is necessary and appropriate to prevent wife's credit standing from being adversely effected, including not discharging the debts he shall assume by declaring bankruptcy. I l ! , } ; j l Husband agrees to pay in a timely manner and to be exclusively responsible for the following debts and hold Wife harmless: a) Mortgage on house 11. WIFE'S DEBTS: Wife represents and warrants to Husband that as of the date of the separation she has not incurred, and in the future she will not contract or incur, any debt or liability for which Husband or his estate might be responsible and shan indemnify and save harmless Husband from any and an claims or demands made against him by reason of debts or I I obligations incurred by her. Any and an loans, including charge accounts, presently in Wife's 5 , i I ! ~ 'i , t I 1 j t J " " l ., ~ I . 1 r name alone shall be Wife's sole and separate responsibility for payment no matter what date the debt was accrued, Wife agrees to indemnity and hold harmless Husband from any loss he may sustain as a result of any default in payment by Wife, Wife has agreed to pay the following debts and hold Husband harmless: 12. JOINT DEBTS: Husband and Wife shall share equally the marital debt consisting of a credit card from . which has an approximate balance of 0.00 ($- ) Dollars, Both parties shall complete a relationship change authorization form where each party will be responsible for half(Yz) the balance of the above mentioned account number, 13. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnity and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 14. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties hereto shall hereafter own and enjoy, independent of any claims or right ofthe 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 unmarried, 15. TAX ON PROPERTY DIVISION: Husband hereby agrees to pay all income 6 taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder, 16. TAX ON NON-MARITAL PROPERTY: The parties hereby agree that, after reviewing their financial situations for the year of2006, with their accountant, if the accountant , I ',' 1 . " deems that it would be in their best interests to file a joint tax return for the year of 2006, the parties will do so. If there is any tax refund due and owing the parties, they will divide same ~ " 1 \ equally. 17. MUTUAL RELEASE: Both Husband and Wife agree to execute in a timely fashion an Affidavit consenting to the entry of a Final Decree in Divorce to the divorce action now pending in Cumberland County, Pennsylvania, to Docket No, 06-2800-2006, Except as provided otherwise herein, Husband and Wife, each does hereby forever relinquish, release, discharge and waive, and by this Agreement does for himself or herself, and his or her heirs, . , 1 f , legal representatives, executors, administrators and assigns, relinquish, release, direct and derivative claims, rights or demands whatsoever, in law or in equity, which either of the parties might have against the other by virtue of their marriage to each other, This mutual release shall include, without limiting the foregoing generality, all present and future claims for support, alimony pendente lite, permanent alimony, counsel fees, costs and expenses, and for any share, right, interest, or claim to any property or of or concerning any property whatsoever which may be or does become a part of the estate ofthe other or which is transferred by reason of the death I ; of the other. 7 J Specifically included in this Agreement shall be a Release of all rights which either party hereto has, by intestate law or any other law of inheritance in the Commonwealth of Pennsylvania or any other state of the United States, against the estate of the other, or any rights which either party has to take against the Last Will and Testament of the other. 18. IMPLEMENTATION: Each party shall execute promptly any and all documents I , necessary and desirable to effectuate the terms set forth herein and the transfer and distribution of property in accordance herewith. Each party shall sign any documents, promptly upon ~ , j , ~i presentation, needed to permit the other party to transfer or dispose of his or her individual property of whatever nature. 19. VOLUNTARY EXECUTION: The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties both acknowledge that this Agreement is a fair agreement and not the result of fraud, duress, or undue influence exercised by either party upon the other, or by any other person or persons upon either j ! i ! 1 , ,~ party, Each party acknowledges having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily and states that they fully understand all of the provisions thereof and the legal consequences and ramifications in connection therewith.. This Agreement is not in any way intended to facilitate any divorce proceeding instituted by either of the parties hereto, nor are any of the provisions contained herein collusive with respect to any divorce proceeding now pending or hereinafter instituted by either party, Both parties acknowledge 8 IJ ,i I having received a fully executed copy of the Agreement. 20. MODIFICATION: This Agreement constitutes the entire understanding of the parties and supersedes and supplants any and all prior agreements and negotiations, verbal or otherwise, between them. There are no representations or warranties other than those expressly set forth herein. No modification or waiver of any of the terms of this Agreement shall be valid , I ~ ; t ~ , unless in writing and executed with the same formality as this Agreement by both parties, 21. INTENDED TAX RESULT: By this Agreement, the parties have, in effect, equally divided their marital property, The parties have determined that such equal division conforms to an equitable and just standard with regard to the rights of each party, The division of the existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, 22. FULL DISCLOSURE: Husband and Wife both warrant that they have made a full and complete disclosure of all the real and personal property of whatsoever nature and I , I ! wheresoever located belonging in any way to each ofthem, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter ofthis Agreement. These disclosures are part ofthe consideration made by each party for entering into tllis Agreement. 23. 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 , 1 contained herein in a timely fashion, 9 24. HEALTH/MEDICAL INSURANCE: Upon the divorce becoming final, each of the parties hereto shall be responsible for their respective health/medical insurance and neither shall look to the other for coverage in any form or fashion whatsoever. 25.CoqR~~~'l\1'm11if$~~: Husband and Wife both voluntarily and knowingly relinquish any right to seek a Court-ordered determination and distribution of l I I , I ; , marital property or award of alimony; alimony pendente lite; and counsel fees, costs and expenses and each forever waives whatever right, if any, either has to equitable distribution of marital property or alimony, but nothing herein contained shall constitute a waiver by either party of any right to seek the relief of any Court for the purpose of enforcing the provisions of this Agreement. Each party waives his or her right to alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses, and equitable distribution of property, except as herein provided, notwithstanding the Domestic Relations Code. 26. 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 27. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights 10 i and remedies which the party may have. or by an action of contempt, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 28. APPLICABLE LAW: This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania, I , " i , ! J I j 29. SEVERABILITY: If any term, condition, clause or provision of this Agreement shaH be detern1ined 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, 30. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. ] , j t 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 32. INDEPENDENT SEPARATE COVENANTS: It is specificaHy understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 33. VOID CLAUSES: If any term, condition, clause or provisions of this Agreement shall be detern1ined or declared to be void or invalid in law or otherwise, then only that term, j I 1 t condition, clause or provision shall be stricken from this Agreement and in all other respects this II Agreement shall be valid and continue in full force, effect and operation. 34. ENTRY AS PART OF DECREE: It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied I , ~ t , I I 1 , in, and made part of, any such judgment or decree of final divorce. Both parties agree to have the terms of this Marital Settlement Agreement incorporated in the final decree or divorce, for the purpose of enforcement, but not merged therein, IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and to so bind their respective heirs, personal representatives and assigns, have signed and sealed this Agreement the day and year first above written. WITNESS: ~IJ. f1? GEOR W. CRAF ,II \::PY1~~/? C~;- BRENDA L. CRAFT (Seal) (Seal) 12 o ~~,: ", "'" C.:l- <:::::::. :':;::1-' ~ -< :t:~ f"np;:! _ en -B'? ~=;~(~~ L~n (.~~n ~l~n ::~ 2:- ~ %'" e- G") 0.) ..0 ~ ..~~' """",. <2 ..' CP GEORGE W. CRAFT, II, Plaintiff I I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: c),' . J i"'o - S - 2006 I , BRENDA L. CRAFT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. J .)o~ . A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on.::t; 1/7 I 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN F ALSIFICA nON TO AUTHORITIES. DATE: {~lIslQt !~wf~ (SEAL) ~ I l' .' ~ t ~ !' I I, () c <" v....,:<' m",.'. r~: ~:7 ~-i ; _2~~" (J) ~-' r':: ~ ~~;--i -1:>><::: z ~ ,..."" <::::;> = Q"> o (""') -f N .r::- o f"t :r:n rn;:=: -urn ~PT >~u .._.~~ -..,.... i, __:._j :::;;(~ 25m ~ :0 -< v ~;:;- N .. .&:- ~ ~, ) :~' I :1 ~ , i It!' ~ GEORGE W. CRAFT, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO: o~ -'l~~c - S - 2006 j , , ~ BRENDA L. CRAFf, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) 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 and expenses if! do not claim them before a divorce is granted. ~ jr ~ 1 g I ! 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 TO THE PENALTIES OF 18 PA.C.S. ~4904 TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: H\sl()~ G&:wlfj;tY (SEAL) j I 1 i I o c -~ utI: n1n' -:;r ..,., 7(-' ~J' ......~ .-' "--" ~c 5~~ ~,=; ~ ,....,;) .c::3 = <:;I'"' o -n -I ffi:n r- -on'. 'OCl C?h ..:;::1 ',', ~~_ ~ -r-; ;;; ("'5 "-rn o -( ~t;...")o ~)J =< o ('"') --l N &" -c 3 ~ .r:- I ~ GEORGE W. CRAFf,II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO: at J.i..... - S - 2006 BRENDA L. CRAFT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on 2.S In 1 o~G 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. , ~ t ~ 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. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.s. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. I , ; , $ ~. ~' DATE: I ~ II 51 ~t . /'. ~~ f ) ) 1- ' ~ ,.K j'1 '.r-- BRENDA t: CRA~ J . (SEAL) 1 , 0 ,....,,, = 0 c = 11 <" C1"\ '"TJ oj 0 --f :r IT1p c-) I"n ;22 "",?>,.~ -; ..L._ -<-~ N -om (/) ~lJ'...) -< .t:"' '::J)", r:::: ".:,;J4< ~ -0 'S~K _~;o, ,_". ~{'- ::tt:: ;'x'~rn >(~ ~ 1.......1 Z ::;J ~ 5:J w -< GEORGE W. CRAFT, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO: ()ti,;Uu - S - 2006 J i . .} "J ; J .J BRENDA L. CRAFT, Defendant CIVIL ACTION - LAW IN DIVORCE ~', {i J, WAIVER OF NOTICE OF INTENTION TQ REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) 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 and expenses ifI do not claim them before a divorce is granted. I .~. :, 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 , l 1 I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE TO THE PENALTIES OF 18 PA.C.S. ~4904 TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: (olls-l)~ ~J!.Jlc~ (SEAL) BRENDA L. CRAFf'-- (j j I ~ . ~, ::i 1. ; () c:: -;.:". s~ -Of),: '2)L: ~~~"".-'.~ 4-\', S,?J, r::: ):; r'~. .:0(:, >c :.z:; =< I"--.) <:::) = c:"' o r?, -.. I:;' -n -l :I:.,.. f11p "TI.. \!3 -r'; 1 .::JCI ~i..,... ..1:....(') .;~~:;~ (~ .G.m ---., ~ :P: :Q N .s:-- -0 '3: ~ .J:'- IN THE COURT OF COMMON PLEAS GEORGE W. CRAFT, II, Plaintiff VS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIOr-.r-LAW BRENDA L. CRAFT, Defendant NO. 06-2800 S 2006 CIVIL TERM 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 93301 (c) ~~x(t~Hc~~m6~. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served on May 20, 2006,by Certified Mail, Return Receipt Requested "Restricted Delivery" 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff October 15, 2006 ; by defendant Octorber 15, 2006 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: No claiRlS pending 5. 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 plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: October 21, 2006 By: BATURIN & BATURIl\1. ~f1I~ Attorney for Plaintifi ic&1IbImant: Harry M. Baturin, Esquire Date: Noverrber 13 , 2006 I'--:> = c;;:, 0"' o ,1 -:-l i';l~:; ~'l8 N N --:;"'1 _:; ......;;:.--.. {.,AJ CO Q(j . ~'i.O ., 'j, ~ ;f GEORGE W. CRAFT, II Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. BRENDA L. CRAFT Defendant NO. 06 2800 S 2006 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR THE ENTRY OF A "DOMESTIC RELATIONS ORDER" I '~ .~, AND NOW, this 1St-I-. day of ~ ~~~ , 2006, the Plaintiff, GEORGE W. CRAFT, II, and the Defendant, BRENDA L. CRAFT, do hereby AGREE and STIPULATE as follows: 1. The Plaintiff, GEORGE W. CRAFT, II (hereinafter referred to as "Member") is a member of the Civil Service Retirement System (hereinafter referred to as "CSRS"). i i r ~ 2. CSRS, as a creature of statute, is controlled by the United States Code, 5 U.S.c. Sections 8341-46. 3. Husband's date of birth is February 8, 1947 and his Social Security Number is :1 ~ 1 234-72-9712. 4. The Defendant, BRENDA L. CRAFT (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 30, 1962, and her Social Security Number is 188-50-4760. 5. Member's current mailing address is: 6260 Haydon Court, Mechanicsburg, PA I '/ ; ; ~ 17050. ; , 6. Alternate Payee's current mailing address is: 6260 Haydon Court, Mechanicsburg, P A 17050. Furthermore, it is the responsibility of the Alternate Payee to keep a current mailing address on with the U.S. Office of Personnel Management at all times. 7. The Alternate Payee has waived any and all rights to Member's retirement benefits; however, she will be entitled to 100% survivor benefits of said pension at the time of Member's death; however, said benefits do not include, and specifically exclude, Member's death benefits, including, but not limited to, life insurance and Member's last month payment up to his date of death, if applicable and allowable under the law whereby Member's natural children, Sara and Alex, shall be entitled to same, if applicable and allowable under the law. 8. Member's retirement benefit is determined as all monies paid to or on behalf of Member by CSRS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding any disability portion of any disability annuities paid to Member by CSRS.. 9. Member hereby nominates Alternate payee as an irrevocable beneficiary to the equitable distribution portion only for any death benefits payable by CSRS upon the death of the Member. This nomination shall become effective upon approval by the U.S. Office of Personnel Management, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. 10. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purpose of paying the Balance via the last Nomination of Beneficiaries Form filed with the U.S. Office of Personnel Management prior to the Member's death, Alternate Payee shall be treated as ~ .. , if Alternate Payee predeceased Member. No portion ofthe balance shall be payable to the .J f .( ] ~ Alternate Payee's estate. 11. In no event shall the Alternate Payee have greater benefits or rights other than ~ose, which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by CSRS. The Alternate Payee is only entitled to specific benefits offered by CSRS as provided in this Order. All other rights, privileges and options offered by CSRS not granted to I ~ l r ! i ':i Alternate Payee by this Order are preserved for Member. 12. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require CSRS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require CSRS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost ofliving or increase based on other than actuarial values. 13. Member will pay Alternate Payee's health's insurance premiums per month, if applicable and permissible, under the Federal Employees Health Benefit Plan (FEHBP) for a i I I , , 1 period of five (5) years, payable over sixty (60) months. 14. The parties intend and agree that the terms ofthis Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require CSRS to provide any type or form or benefit, or any option not otherwise provided by CSRS, and further provided that no , I ! .. such amendment or right of the Court: to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy ofthe Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon CSRS immediately. The Domestic Relations Order shall take effect immediately upon CSRS's approval and, therefore, CSRS's approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties hereto, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hands and seals the day and year heretofore mentioned. SIGNED & SEALED IN THE PRESENCE OF: ~~('v Girw~f:t~ Plaintiff / Member (SEAL) ~~ lf3~/('A~L) BRENDA 1. CRXFT '. Defendant / Alternate Payee AND NOW, this day of November, 2006, this Qualified Domestic Relations Order is ordered to be included into the Divorce, filed to Docket No. 06-2800 S 2006 in the Court of Common Pleas, Cumberland County, Pennsylvania. BY THE COURT J. ,.....:> (:J t~ ~\'\ LS.... ..-\ ~-t"\ 1"1"C ".'.,' N N -.,..", ( ,;' \.0 ~~ :Ii "':Ii "'Of. '" "''''''' ~Of.~ ~'" ~ ~:Ii:li"''''''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. GEORGE w. CRAFl', II, Plaintiff No. 06-2800 S 2006 VERSUS BRmDA L. CRAFT, Defendant DECREE IN DIVORCE AND NOW, VVov 2.1 ,2006 ,IT IS ORDERED AND DECREED THAT GEORGE w. CRAFl', II , PLAI NTI FF, AND BRmDA L. CRAFl' , 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; NCm: AND, FURTHERMORE, the Marital Settlement Agreement, dated August 9, 2006, and the Stipulation For The Entry or A "uomestIc Ke1anons uraer", dated October 15, 2006, ~th an Order of Court attached duadu, cmd dated October 15, 2006, and executed by the parties thereto, is incorporated with, but not merged into, the fInal Decree In Divorce; and, the parties are directed to comply with the provisions thereto. ~~ ATTE f~7~OTHONOTAR: ~~~~~~~"':Ii"':Ii~:Ii~~~~"'~ :Ii:li~~~:Ii~:Ii :+;~:+; ~ ~ ~~:Ii~~:Ii~ -,;#f /P.- ~ ~/1'el ~9' fr 7 ~~~ ")J.ke; ~ .. . "I' .', . .. ·