Loading...
HomeMy WebLinkAbout06-5486TRUDIE B. CRAGLE, Plaintiff vs. WILLIAM A. CRAGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006- M(o Civil Term 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 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. 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, PA 17013 (717) 249-3166 1-800-990-9108 TRUDIE B. CRAGLE, Plaintiff vs. WILLIAM A. CRAGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006- S Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Trudie B. Cragle, an adult individual whose current address is 109 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 181-50-8159. 2. The Defendant, William A. Cragle, is an adult individual, whose current address is 216 Catawissa Avenue, Sunbury, Northumberland County, Pennsylvania 18701, and whose social security number 174-58-7431 3. Plaintiff and Defendant were married on May 12, 2000, in Selinsgrove, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no minor children born of the marriage. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. submitted, BY: ? (i is M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: September 14, 2006 A . VERIFICATION I verify that the statements made in this Complaint in Divorce 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. w&t-)J6. TRUDIE B. CRAGLE Date: September 14, 2006 ? Q x' Y` r It cn c-n w ?a CK TRUDIE B. CRAGLE, Plaintiff V. WILLIAM A. CRAGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. F.R. 2006-5486 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 19, 2006, and service was made on September 29, 2006 by restricted delivery, certified mail. 2. The marriage of 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: Zee 7 WILLIAM A. CRAGLE, D end t Pi 1 2909 APR 20 PH 1: 14 - N 14' TRUDIE B. CRAGLE, Plaintiff V. WILLIAM A. CRAGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. F.R. 2006-5486 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in 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 THE FOREGOING 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: q-95- 0 tj.,? , WILLIAM A. CRAGLE, Defendan FLED Ji- Car THEE E-ilRM t - ? l0TAP I 2009 APR 2a Ph 1: 14 TRUDIE B. CRAGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. F.R. 2006-5486 CIVIL TERM WILLIAM A. CRAGLE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AMENDED AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2006. 2. The marriage of 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 made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 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 in 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. Date: 2bbg "Zae?i J WILLIAM A. CRAGLE, Defend t FILE -C:c°r c OF THE F r ,-P7 OTARY 2G-09 APR 23 Pt') 3: 14 i 0 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of 61 2009, by and between: TRUDIE B. CRAGLE, hereinafter referred to as Wife; --AND-- WILLIAM A. CRAGLE, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 12, 2000 in Selinsgrove, Pennsylvania; and WHEREAS, there are no children born of the marriage. .jPr- WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest Initials 1' 2 Initials-TV>?- the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive.and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically: agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", 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 Initials ?/' 3 Initials --'pic- execution or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever 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 or curtesy, of claims in the nature of dower or curtesy, 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 or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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. Initials 4' Initials "T?°" It is the intention of Husband and Wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless. otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreement, and Husband is represented by Hannah Herman-Snyder, Esquire, and Wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations., Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the Initials ?4- r/ 5 Initials execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The , non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. MARITAL DEBT Husband and Wife hereby _acknowledge that any and all marital debt accumulated, whether, in individual names or joint names, has been resolved and • Initials Ql4C.- 6 Initials-r-tj? paid prior to the execution of this Property Settlement Agreement and both parties hereby acknowledge and confirm that they are unaware of any marital debt including credit cards, loans, etc. currently existing in joint names. Any debt incurred by Husband or Wife after separation is and shall remain the sole responsibility of the person who incurred said debt. 8. REAL ESTATE Husband and Wife hereby confirm that they have not acquired any marital real estate throughout their marriage. 9. PERSONAL PROPERTY Except as set forth hereto, Husband and Wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: a. Husband, and Wife hereby acknowledge Husband's 1997 Jeep Cherokee automobile shall remain in the possession and ownership of Husband. Husband hereby acknowledges that any debt and financial obligation with said 1997 Jeep Cherokee shall be the sole responsibility of Husband and Wife hereby agrees that she shall execute the title to said vehicle, if need be, after all debt and financial obligation is refinanced into Husband's name alone, if any such debt exists. Initials '?? 7 Initials --not!. b. Husband and Wife hereby acknowledge Wife's 2002 Jeep Liberty automobile shall remain in the possession and ownership of Wife. Wife hereby acknowledges that any debt and financial obligation with said 2002 Jeep Liberty shall be the sole responsibility of Wife. and Husband hereby agrees that he shall execute the title to said vehicle, if need be, after all debt and financial obligation is refinanced into Wife's name alone, if any such debt exists. 10. SPOUSAL SUPPORT/ALIMONY Husband and Wife hereby acknowledge that Wife may be entitled to spousal support, alimony pendente lite, and/or alimony as a result of the pending divorce action. Husband and Wife hereby acknowledge that Wife forever waives her rights to spousal support, alimony pendente lite and alimony. 11. PENSIONS. RETIREMENTS, IRA'S, 401(k)'S Husband and Wife hereby acknowledge that Husband has accumulated funds in his Thrift Savings Plan and his Federal Employment Retirement System between the date of marriage and the parties' date of separation. Husband hereby agrees to pay to Wife the sum of Twelve Thousand Dollars and 00/100 ($12,000.00) in a lump sum. payment within thirty (30) days of the execution. of this Property Settlement Agreement and in exchange thereof, Wife hereby waives all of her right, title and interest in Husband's Thrift Savings Plan. Initials 10 1,- 8 Initials R Husband and Wife hereby agree that Wife shall receive Twenty-Five (25%) Percent of the marital portion of Husband's Federal Employment Retirement System Plan, with the marital portion being that incurred between the parties' date of marriage, May 12, 2000 and the parties' date of separation, August 11, 2006. Said Twenty-Five (25%) Percent shall be payable to Wife through a Qualified Domestic Relations Order, which shall be prepared by Husband at Husband's cost and shall be submitted to Wife within thirty (30) days of the execution of this Property Settlement Agreement. Payment of the Twenty-Five (25%) Percent of the marital portion of said FERS shall be made pursuant to. the rules and requirements of FER; however, Husband hereby agrees that Wife shall be named as irrevocable former spouse of the portion of his FERS account as specifically described above. 12. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Initials 9 Initials 13. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. 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 that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING. ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. Initials` 10 Initials 17. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 20. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, Initials ?? I I Initials _?a or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. , IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ?. SEAL Witness <. TRUDIE B GLE t?_ C2f ttjl? SEAL Wit ess U' 0 WILLIAM A. CRA LE Initials U-)- l?,- 12 Initials I CF T3- i .l"i }. .W' c TRUDIE B. CRAGLE Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. F.R. 2006-5486 CIVIL TERM WILLIAM A. CRAGLE, JR, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Complaint In Divorce, under Section 3301(c) of the Divorce Code, has been served upon the Defendant, William A. Cragle at his address of 216 Catawissa Avenue, Sunbury, Pennsylvania 18701, by First Class United States Certified Mail No. 7005 3110 0004 3213 4398 by depositing the same at the post office at Harrisburg, Pennsylvania, addressed to the Defendant, William A. Cragle at 216 Catawissa Avenue, Sunbury, Pennsylvania 18701. Attached hereto is the return receipt card executed by the Defendant, William A. Cragle, dated September 29, 2006, evidencing receipt of said Complaint in Divorce under Section 3301(c) of the Divorce Code. tted, BY: Diane M. Dirs, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attachment r- - r ¦ CW*M items 1, 2, snd & Also complete item d if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to. 2. Arbors Nu nbw (rmw M *Wn ar+IMoe Ad* Ps Form 3811, Fewmery =4 A. w ? Agent C. Date of o LZZX;?? 1-)q C3 Y- D. Is delivery address different tram Item 1? If YES, enter delivery address bbelow: a T YPO Gtermtlfled Mall O Express mail ? Registered O Return Receipt for Merchandise 13 Ine<sed Mail O C.O.D. d. Restricted Delivery? Pft Fee) IaAlg? ?OD,?` 3Ji0 000 OF THE 2009 MAY 12 PK x:04 TRUDIE B. CRAGLE, IN TIME COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. F.R. 2006-5486 CIVIL TERM WILLIAM A. CRAGLE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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 made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTI E OF INTENTION TO REQUEST ENTRY OF ADIVORCE, DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree in 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. Date: /02 i FILED--,'j;`rhOr_ OF IPIEE 2009 MAY 12 P e to 0 3 •k -11 . LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Trudie B. Cragle TRUDIE B. CRAGLE Plaintiff vs. WILLIAM A. CRAGLE, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. F.R. 2006-5486 CIVIL TERM : CIVIL ACTION -LAW : 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: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Service upon Defendant: Certified Mail, Article No. 7005 3110 0004 3213 4398 ON September 29, 2006. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, April 29, 2009; by Defendant, April 23, 2009. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff. Simultaneously herewith and by Defendant: Simultaneously herewith. 6. Related Claims Pending: None BY: Diane M. Di, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 Attorney for (x) Plaintiff () Defendant ve Date: F3LED*,,? ' "{: OF THE ?Y 2009 MAY 12 P f1 14, 05 TRUDIE B. CRAGLE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM A. CRAGLE, JR. NO F.R. 2006-5486 CIVIL TERM DIVORCE DECREE AND NOW, , 2OZn it is ordered and decreed that TRUDIE B. CRAGLE plaintiff, and WILLIAM A. CRAGLE, JR. , defendant, are divorced from the bonds of matrimony. 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.") ?Ck-e- It is further Ordered that the Marital Settlement Agreement dated April 23, 2009 and attached hereto is incorporated herein by reference, but shall not merge herewith. SEP 2 ~ 2010 r' TRUDIE B. CRAGLE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND CbUNTY, PENNSYLVANIA, v ~ ; NO.~. 2006-5486 CIVIL TERM WILLIAM A. CR,AGLE, JR., :CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER OF COURT ~a io AND NOW, this ~. z%day of ~~r~.~ ~~~~ ~~ attached Domestic Relations Order is approved by this, the Court of Common Pleas of the ~~' Judicial District of Pennsylvania, Cumberland County Branch, pursuant to the request of the parties. The Court retains jurisdiction over this Domestic Relations Order to amend„ as necessary, and to establish or maintain its qualifications as a Domestic Relations Order under Part 838 of Title 5, Code of Federal Regulations. D' tribution: ~annah Herman-Snyder, Esquire Attorney for Defendant Diane M. Dils, Esquire Attorney for Plaintiff ~1- ~•o l~$' /'Yt~l 9~~ z.l ~v ~/~ ~3 °'L7 ~ iT2~ ~~ ~r P '" ~- GQ C") ~ p T~' _~ na L'7 !"T1 N N A (:~ c-..~ CT1~ ~~- Q~i ~~ O -'r'~ O~ A _~. By the Court, ,~ 1. This Order applies to the following retirement plan: Federal Employees Retirement System (hereinafter referred to as the "Plan"). 2. The Court has considered the requirements and staindard terminology provided in part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Federal Employment Retirement System are governed by the standard convention established in that part. 3. William A. Cragle, Jr., Social Security Number 174-58-xxxx (redacted in the original) (hereinafter referred to as "Employee") is a current employee and participant in the Plan, having been hired by the United States Navy and subsequently the Defense Logistics Agency. 4. Trudie B. Cragle, Social Security Number 181-50-xxxx (redacted in the original) (hereinafter referred to as "Former Spouse") is the Employee's former spouse. 5. Employee's date of birth is March 25, 1965 and his last known mailing address is 216 Catawissa Avenue, Sunbury, Northumberland Count, Pennsylvania, 17801. 6. Former Spouse's date of birth is August 29, 1970, and her last known mailing address is 109 East Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. 7. Parties were marred on May 12, 2000 in Selinsgrove, Pennsylvania, and were divorced by Decree in Divorce in the above-captioned action by the Court of Common Pleas of the : ~~n Judicial District of Pennsylvania -Cumberland County Branch on `TNT- ~~~ ~~~9 8. A portion of the Employee's interest in the Pl~.n is mazital property subject to distribution by the Court of Common Pleas df the 9th Judicial District of Pennsylvania -Cumberland County Branch, the Coiurt of jurisdiction over the parties' divorce proceedings. 9. Employee is not in pay status relative to receipt of funds from the Plan. 10. Employee is eligible for retirement benefits under tie Federal Employees Retirement System based on employment with the United States Government. Pursuant to the parties' above referenced Agreement, the United States Office of Personnel Management is directed to pay Former Spouse TVV~NTY-FIVE PERCENT (25%) of the marital portion of Employees's gross monthly benefit, with the parties having been married on May 12, 2000 and separated on August 11, 2006. This portion of Employee's monthly benefit shall be paid directly tq Former Spouse from the United States Office of Personnel Management, or its designated pay center, or appropriate federal personnel office, beginning as soon as administratively feasible. 11. Payments of monthly benefits to the Former Spouse shall coincide with payment of benefits to Employee and shall continue as long as Employee is alive. The federal, state, and local taxes applicable to this distribution'shall be paid by Employee and Former Spouse based upon the funds actually received. ~ Any taxes required to be withheld by the federal government from the disbursement shall be withheld from each party's portion of the monthly benefit. ' ~,I 12. Employee and Former Spouse shall have no rig~t or authority to modify the __ distribution provided for herein to the Former Spouse as she is the irrevocable Former . ~,.~ Spouse for the portion as designated above. Former Spouse shall have no additional rights to receive benefits beyond those set forth herein and in accordance with the parties' Separation Agreement. 13. The remarriage of the Former Spouse shall not affect her receipt of benefits, payments or distribution as herein described, unless atherwise required by the Plan. 14. This Order shall not require the Plan to approve any ty?pe or form of benefit, or option not otherwise provided under the Plan, nor require the! payment of any benefit for the Former Spouse which are required to be paid to another Former Spouse under another Order previously determined to be a Domestic Relations Order. Any provisions of this Order which appear to be otherwise shall be null 2nd void and Former Spouse's right to receive benefits hereunder are strictly limited to the benefits described herein. 15. In no event shall the Former Spouse have a greater right than those which are available to the Employee. 16. Except as otherwise stated herein, any reasonable cost incurred by the United States Office of Personnel Management to effectuate the terms) and provisions of this Order may be assessed against that party requiring the servitude of the United States Office of Personnel Management. Otherwise, such expenses shall be divided equally between them. 17. A copy of this Order shall be mailed promptly, return receipt requested, to the United I States Office of Personnel Management. That Office shall, within a reasonable time after the receipt of this Order, determine whether this Order is a Domestic Relations .......vatK Order and notify both the Employee and the Former Spouse of such a determination. Until such time as a determination has been made, the United States Office of Personnel Management shall comply with all requirements imposed upon them by Section 838 of Title 5, Code of Federal Regulations. If the United States Office of Personnel Management determines that this Order ig not a Domestic Relations Order, then they shall notify the Employee and Former Souse of such determination and reason therefore, allowing for an amended Domestic ~2.elations Order to be filed. 18. In the event that any provision of this Order prevents this Order from qualifying under the requirements of the Plan for the division and transfer of the retirement annuity of Employee pursuant to federal law, the parties shall cooperate in having this Order modified to meet the requirements of the Plan consistent with the intent of this Order, said modifications, if any, to be entered nunc pro tuna The Court of Common Pleas of the 39~' Judicial District of Pennsylvania, Cumberland County Branch, hereby expressly reserves jurisdiction over the parties and the subject matter of this Order for the limited purposes of amending this Order for compliance with the requirements of the Plan and for the purposes of super~~ision and enforcement. 19. A certified copy of this Order shall be forthwith served upon the United States of America, Office of Personnel. Management, Office o~ Retirement Programs. Said Order shall take effect immediately and shall remain in effect until further Order of Court. ~ 20. The parties request the Court to retain jurisdiction over tI 's Domestic Relations Order -l` to amend, as necessary, and to establish or maintain itsl qualifications as a Qualified ~~ ~ Domestic Relations Order pursuant to Section X38 of Title 5, Code of Federal Regulations. IT IS INTENDED THAT THIS ORDER SHALL C~UALIFIED AS A DOMESTIC RELATIONS ORDER AS DEFINED IN SECTION 838 OF TITLE 5, CODE OF FEDERAL REGULATIONS. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Domestic Relations Order. WITNESS: y-~~-a9 ~ Date Wiliam A. Cragle, J~ ~- 1 ~ Date ~ B. gle o~~~/09 u ~ ^ , ' ~ STATE OF PENNSYLVANIA COUNTY OF On this A~~day of r~ ( 2009, before ' me, the undersigned officer, ~'~ personally appeared WILLL4MA. CRAGLE, JR. known to rr~e (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and olfficial seal. 110'gMAt MAt IIM ~~ .len ~. +1Ni! COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this~~p~ day of ('~~ 2009, before mie, the undersigned officer, personally appeared TRUDIE B. CRAGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and at~knowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA r Nt~lal Seal Tammy J. Ml9gran, Notary Publlc Qmbedartd Cary My CAmmt June 28.2011 ~ Member, Penm,~ylvanfa Association of Notartes