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HomeMy WebLinkAbout02-2543CRYSTAL L. FRYE Plaintiff GREGORY T. FRYE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No,O20'" 55-45 CIVIL . : 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 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. When the ground for the divorce is indignities or irretrievable breakdown oftbe marriage, you may request raarriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cmberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 Telephone: (717) 240-6200 CRYSTAL L. FRYE Plaintiff VS. GREGORY T. FRYE Defendant IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA No. 02-2543 CIVIL CIVIL ACTION - LAW IN DIVORCE I, Gregory T. Frye on this _,~O~day of June 2002, do certify that I have received the Notice to defend and Claim Ri~s, Complaint of Divorce, and the Property Settlement Agreement. Gregory T. Frye CRYSTAL L. FRYE Plaintiff VS. GREGORY T. FRYE De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA O2 No. ~0- .73'¥_~ CIVIL : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiffis CRYSTAL L. FRYE, an adult individual who currently resides at 411 W. North Street, Apt 1, Carlisle, PA 17013, Cumberland County, Pennsylvania. 2. Defendant is GREGORY T. FRYE, an adult individual who currently resides at 183 CME, Newville, PA 17241, Cumberland County, Pennsylvania. 3. Plainfrffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married February 12, 1998, in Montego Bay, Parish if Saint James, Jamaica. COUNT I - DIVORCE 5. Plaintiff and Defendant hereby incorporate by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiffnor Defendant is in the Armed Forces of the United States. 8. Plainfrffand Defendant aver that the marriage between the parties is irretrievably broken~ 9. Plaintiff and Defendant have been separated since February 2, 2002, which is over 90 days, and request that the divorce be granted immediately, and do hereby agree that counseling is will not reconcile their marriage. WHEREFORE, plaintiff and Defendant respectfully request this Honorable Court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Plaintiff and Defendant hereby incorporate by reference paragraphs 1 through 9 above. 11. The parties have acquired a mobile home, automobiles, and various personal property and homo furnishings durin~ their marriage some of which is marital property. WHEREFORE, Plaintiff and Defendant respectfully request this Honorable Court to emer a decree, which effects an equitable distn'bution of marital property. Respectfully submitted, Plaintiff VERIFICATION I/We verify that the statements made in this Complaint are true and correct. I understand that false statements herin are made subject to the penalties of 18 Pa. C.S. 4904, relating unswom falsification to authorities. Plaintiff Date: ~/2~ Date: pROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this o,O ~-~ day of May 2002, between Crystal L. Frye (wife) and Gregory T. Frye (husband). WITNESSETH WHEREAS, Husband and Wife were married on February 12, 1998; and WHEREAS, various differences have arisen between Husband and Wife, whereby they h have been living separate and apart; and WHEREAS, the wife and husband have commenced an agreeable divorce action, docketed at No. O2t-g-6-14~ in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property ri~hts of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights an obligations under the Divorce Code of 1980, as amended, an it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights a obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual cousidemtions, and intending to be bound by the provisions hereof; the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: The Parties agree that it shall be lawful for each party, at all times hereafter to live separate and apart fi.om the other, at such place or places as he or she may, fi.om time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if her or she were single and unmardexl, except as may be necessary to carry out the provisions of thia Agreement. Neither party shall molest 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, l~om the other. 2 Wife agrees to convey to Husband all title, rights and interest in the Mobile Home owned by the parties, which is located at 183 CME Newville, Pennsylvania 17241. 3 Husband agrees to assume any and all obligations relating to the said home, and indemnify and bold Wife harmless relative to any of said obligations. The motor vehicle or vehicles currently in the possession of the respective parties shall remain the sole property of each party and the other party hereby waives any further claims with respect to those vehicles. 5 The parties acknowledge that they have equitably divided all items of personal property, and each party waives any further claims for any interest in all items of personal property in possession of the other party. 6 All bank accounts in the respective names of the parties shall he the sole and exclusive property of each party, and the other party hereby waives any further claims relative to any of those accounts. 7 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 8 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 he affected in any way by any such separation or divorce; and that nothing in any such decree, judgmem, order or further modification and 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 he 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 he incorporated by reference into any divorce, judgment of its decree. This incorporation, bowever, shall not he regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to he forever binding and conclusive upon the parties. 9 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, fi.om any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereai~er 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 fights, family exemptions 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 or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for 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 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 thereo£ 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 hereat~er 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 provisions thereof. 10 Each of the parties shall fi.om time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may he reasonably required to give full force and effect to the provisions of this Agreement. 11 A modification or waiver of any of the provisions of this Agreement shall he effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provision of this A4~,reement shah not be construed as a waiver of any subsequent default of the same or similar nature. 12 This Agreement contains the emire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herin. 13 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 14 If either party breaches any provisions of this Agreement, the other party shall have the fight, 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 15 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year firs~ above written. WITNESS CRYSTAL L. FRYE Plaintiff VS GREC-ORY T. FRYE Def~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2543 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE PLAINTIFF AND DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF ~ DIVORCE CODE 1. A co~:lalnt in divorce under Section 3301(¢) of the Divorce Code was fded May 24, 2002. 2. The marriage of the plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of thc filing of the Comp!aint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concernin~a allraony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understa~A that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be s~nt to me immeAiately at, er it is filed with thc Prothonotary. 6. I have been advised of thc availability of marriage coun~ling and understand that I may request that the court require counseling. I verify that the statements made in thi.~ affidavit are true and correct. I understand that fal~ statements herin are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ~ VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. ~'-J-~ - 2.oo'~.. CIVILTERM 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 divome: Irretrievable breakdown under §3301(c) 3301 (,:;)(';) u[ the Divorce Cude. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~'~^~, ~/-{-; ~OO~_ - ¥'~p,~ Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: ('~I~L~! ~ ; ~,o0.~ (2) Date of filing and service of the plaintiff's affidavit upon the respondent: '-5-u ~ ~0 ~ 2_o0~ Related claims 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: /~t ~ d~ ~J 5-r _~0., (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: STATE OF VERSUS INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. DECREE IN DIVORCE AND NOW, DECREED THAT AND NO. ~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,~ IT IS ORDERED AND , 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; rATT PROTHONOTARY