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HomeMy WebLinkAbout06-6558SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06 - G ,5 f r CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - G SL7 CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Susan L. Cromer, an adult individual, who resides at 83 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Jeffrey Alan Cromer, an adult individual, who resides at 14245 McCalmount Road, Roxbury, Franklin County, Pennsylvania 17251. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on April 20, 2001, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT H EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff and Defendant are joint owners of a cabin located in Franklin County that was acquired during their marriage, which is subject to equitable distribution. 11. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, ROMINGER & WHARE Date: November 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff SUSAN L.CROMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . : CIVIL ACTION - LAW JEFFREY ALAN CROMER, : NO. 06 - CIVIL TERM Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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. 40 Date: Susan L. Cro r, Plaintiff SUSAN L.CROMER, Plaintiff V. . JEFFREY ALAN CROMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for the Plaintiff, do hereby certify that I this day served a cop of the within Complaint in Divorce upon the following by depositing the same in the United States Mail postage prepaid, certified with return receipt, restricted delivery and first class, addressed as follows: Jeffrey Alan Cromer 14245 McCalmount Road Roxbury, Pennsylvania 17251 Respectfully submitted, ROMINGER & WHARE Date: November 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff ra (J1 T '? (IN SUSAN CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW NO. 06-6558 CIVIL TERM IN DIVORCE PETITION FOR SERVICE OF DIVORCE BY PUBLICATION AND NOW, comes Susan Cromer, by and through her privately retained counsel Karl E. Rominger, Esquire, and requests that this Honorable Court allow her to serve a Complaint in Divorce by Publication and in support there of avers as follows: 1. The Complaint in Divorce was filed on November 13, 2006, attached as Exhibit "A". 2. On November 13, 2006, counsel for Plaintiff sent Defendant a Certified copy of the Complaint in Divorce to address at 14245 McCalmount Road, Roxbury, Pennsylvania 17251 via first class mail and certified mail, with return receipt, restricted delivery, attached as Exhibit "B". 3. On November 20, 2006, counsel Plaintiff received the certified and first class envelopes back as return to sender, no such street, unable to forward, attached as Exhibit "C". 4. On November 20, 2006, counsel for Plaintiff confirmed Defendants current address with Plaintiff and forwarded a certified copy of the Complaint in Divorce to Defendant at 14245 McCalmount Road, Orrstown, Pennsylvania 17244, via first class mail and certified, with return receipt, restricted delivery attached as Exhibit "D". 5. On December 6, 2006, counsel for Plaintiff received the certified envelope back in the mail as unclaimed attached as Exhibit "E". 6. On April 30, 2007, Plaintiffs counsel tried to get service of the Defendant by way of Process Server attached as Exhibit "F" 7. On May 1, 2007, an attempt to serve Defendant by Process Server was attempted at 12:20 p.m., 5:40 p.m. and 8:00 o'clock p.m. attached as Exhibit «F„ 8. On May 16, 2007, an attempt to serve Defendant at his parents address of 146 Kerrsville Road, Newville, Pennsylvania by Process Server. Process Server was notified that Defendant was out of the area on an on going basis with no permanent address attached as Exhibit "F" 9. Plaintiff would propose publishing legal notice of the Complaint in Divorce in Franklin County's official newspaper and in the Sentinel for Cumberland County. 10. Plaintiff would now ask that this Honorable Court consider that such service be adequate for purpose of allowing the Divorce to move forward. WHEREFORE, Plaintiff requests that this Court allow service by publication as requested above. Respectfully Submitted, Romiager & Associates Date: September 14, 2007 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81424 Attorney for Plaintiff SUSAN CROMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6558 CIVIL TERM JEFFREY ALAN CROMER, IN DIVORCE Defendant VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C. S. Pa. C.S.§4904, relating to unworn falsification to authorities. Date: September 14, 2007 1 E. Rominger, Esquire Attorney for Plaintiff 0 SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL. ACTION - LAW : NO. 06 - CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFERUGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. 3 f4 q -c ?7 Cumberland County Bar Association . 32 South Bedford Street jP T- - Carlisle, PA 17013 } ?k Phone: (717) 249-3166 (800) 990-9108 ; . 'gym -` AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. &1?6? It A q SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Susan L. Cromer, an adult individual, who resides at 83 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Jeffrey Alan Cromer, an adult individual, who resides at 14245 McCalmount Road, Roxbury, Franklin County, Pennsylvania 17251. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on April 20, 2001, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. II IC0UW EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff and Defendant are joint owners of a cabin located in Franklin County that was acquired during their marriage, which is subject to equitable distribution. 11. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, ROMINGER & WHARE Date: November 10, 2006 Ika 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - CIVIL TERM : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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: Susan L. Cro r, Plaintiff SUSAN L.CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for the Plaintiff, do hereby certify that I this day served a cop of the within Complaint in Divorce upon the following by depositing the same in the United States Mail postage prepaid, certified with return receipt, restricted delivery and first class,- addressed as follows: Jeffrey Alan Cromer 14245 McCalmount Road Roxbury, Pennsylvania 17251 Respectfully submitted, ROMINGER & WHARE Date: November 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff ro CO m OFFI CIAL USI "' Pasuq. a m o Cor1NNd Fes '-? C3 elp Fee ? r em RO' C3 cEr,dowrnanr°'r""y m 0 7Wa Powys a FOU u?r C3 crPOSmW E?e-?bh"B" ROMINGER & WHARF Attorneys at Law Karl E. Rominger Michael 0. Palermo, Jr Michael J. Whare Leslie A. Tomeo* Also admitted in New Jersey November 13, 2006 VIA F _ t Clus and SS_w/Return ftdo used Reofticted Ddlverv Jeffrey Alan Cromer 14245 McCalmount Road Roxbury, Pennsylvania 17251 Dear Mr. Cromer: Enclosed please find a certified copy of a Complaint in Divorce which I have filed on behalf of my client Susan Cromer. Please review the document and should you have any questions, you should consult an attorney of your own choosing. After a ninety (90) day waiting period, my office will forward to you and my client, Affidavits of Consent and Waivers of Notice in order to finalize the divorce. Again should you have any questions about the enclosed documents you should consult an attorney of your own choosing. Thank you for your time and attention to this matter. Sincerely, 1 E. Rominger, Esquire KER/tlp Enclosure cc: Susan Cromer 155 South Hanover Street, Carlisle, Pennsylvania 17013 * Tek (717) 241-6070 * Fax: (717) 241-6878 wwwxomingerlaw.com ADVOCACY * ADVICE * ANSWERS is a 1+ D nt 1 t ,m N µ r _ a ? lY u? VOA w o= IA o N -140 o o m Gy µ 1 ?+ a ?. i O r? d? 0 bV J -.1 .ir W v a d ? waa -- ` r 77 i:OwZ S q4 = d y ? V4 .? x u ? y/ 0 G? r 0 c c? a in Q a h t?i '' 40 YGi a cts C? A H m m ?, a 1 ? 0 Ns g w C3 ul -D .. 0 a O ul ru tr LO .0 I I,?stal Servyce FZ'ECE.IPT ??ov?aeaa US. il- C, 1EQ ?JI A ver. g CER (IF No Ir??urarice 4 WW USpS CO (n 1di! inn y; cite at " .? [i3aIp P,StiG ?'?/ ?s,ss1 ou[ Icll cr p J ?^? Pos49 Po>wk N? FWO C3 F40 C3 ? tr m a Ln 0 0 r r 0 4 ? '11t4tN y ' J . ?. oo Z , ... ; y ?1 • A o o °a t 4 14 A A 3 AP4 N? ?A -- H ? ?1l NN? -V ,o mnZ 0 00 * -RAM ?? oo z v 91 2 41 a O a C) V Co, 1 0 C3 %0 . ? w C3 C3 Cl ul r ru ? t w .? yg u I ? Ja H o ? hN d? a A ti AFFIDAVIT OF DUE DILIGENCE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number. 06-6558 Plaintiff: Susan L. Cromer vs. Defendant: Jeffrey Alan Cromer For: Karl Rominger Rominger & Associates Received by Pennsylvania Professional Process Svc. to be served on Jeffrey Alan Cromer, 14246 fMoCalmount Rd., Or sown, PA 17244. I,„-642,j (7 dodQ !Ffg . being duly mom, depose and say that on the - = day of 20&L at 5- : m. , executed service by delivering a true copy of the Notice; Complaint Under Section 3301(c) of the Dhce Code in accordance with state statutes in the manner marked below: () INDIVIDUAL SERVICE: Served the within-named person. O SUBSTITUTE SERVICE: By serving as NON SERVICE: For the reason detailed in the Comments below. ov.?- 6,C eke qr?a ch er 0 1t Fe-jf -s svcJ J no ??e?.Nrgh?n f ?r rr 1 certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. /^`-. I '00/1"--\ r , l Su and m me on the day , PROCESS SERVER # Of the affiant who is Appointed in accordance n known with State Statutes TN OF PENNSYLVANIA P nisProfessional Process Svc. NOTARY PUBLIC Note sew 48 W. High St. Dortega L TdrrJ*, Nom y Pubb P.O. Box 1148 Cer?ela Soro, Cun1bwW, ld ooney MY C.olnmieeipo E? 8001 1 ?A10 Carlisle. PA 17013 , MWnb"' I of M*rw# (800) 863-2341 Our Job Serial Number. 2007000255 CopwWd O 1992-2005 oaMbmw Services, Ma - Prows Server's Toolbmc V5.5i EKh?bi? „F . t" SEP 17 2007 SUSAN CROMER, Plaintiff V. JEFFREY ALAN CROM Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06-6558 CIVIL TERM : IN DIVORCE ORDER AND NOW, this day of 2007 upon consideration of the wi n Petition, Plaintiff's request to effectuate service by publication is granted. Se ice shall be considered complete thirty days after publicatio4. of notice of the Complaint n Divorce in granklin " the J. Distribution: arl E. Rominger, Esquir, Rominger & Associates 155 South Hanover Street Carlisle, Pennsylvania 171 Y 43 IA-MNN3d 1 91 d3S LODZ SUSAN CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6558 CIVIL TERM IN DIVORCE PRAECIPE TO AMEND DIVORCE COMPLAINT TO THE PROTHONOTARY: Please amend the above captioned matter to include section 3301D of the Divorce Code. Respectfully submitted, Rominger & Associates Date: August 11, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff SUSAN CROMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6558 CIVIL TERM JEFFREY ALAN CROMER, IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Praecipe to Amended Divorce Complaint upon the following by depositing the same in the United State Mail, first class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Date: August 11, 2009 Respectfully submitted, Rominger & Associates K : Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff #r.?.,yr T TIC 2009 AG I I P '3 : '319 ' to v, n SUSAN CROMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-6558 CIVIL TERM JEFFREY ALAN CROMER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 13, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 to the best of my knowledge, information and belief. 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: ?11Z d f 2 /,0 4 d k J ey Ian Cromer DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAIDIS, FWAWR & LINDSAY ATEOMMMAT-LAW 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 to the best of my knowledge, information and belief. 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: J re Afa romer FILED-0i F-ICE SEP 1 1202 OF THE PR0,f `C;" C}TARY 2009 OCT -9 PH 3: 14 ts'14_ 'Jp1tr?' SUSAN CROMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6558 CIVIL TERM JEFFREY ALAN CROMER, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 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 unworn falsification to authorities. Date: ' o Susan Cromer, Plaintiff JAR OF THE i0 9 GC 1 2 FH, i :: 0 cull, , a SUSAN CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6558 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: 10Q)n Susan Cromer, Plaintiff OF THF .? 20030CT 12 PM !-4::0 I , SUSAN CROMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY ALAN CROMER, Defendant CIVIL ACTION - LAW NO. 06-6558 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this _ day of? , 2009, between KPL SUSAN CROMER, of ?ouujnrQr c-,nrcl?r? Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JEFFREY ALAN CROMER, of 14245 McCalmont Road, Orrstown, Pennsylvania 17244-9677, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on April 10, 2001 in Nwl?'Ci 11 , Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 06-6558, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.4: The parties hereto are parties to a Pre-Nuptial Agreement of April 19, 2001. The terms of the Pre-Nuptial Agreement are incorporated within this Property Settlement and Separation Agreement. 1 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 and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. Wife will transmit the record before October 15, 2009 so that a Decree in Divorce can be entered by November 1, 2009. Wife's failure to transmit the record in time will be a material breach of this Agreement and would provide to Husband grounds for striking the Decree in Divorce. (3) REAL PROPERTY: The parties acknowledge and agree that Husband's pre- marital property at 146 Kerrsville Road, Carlisle, Pennsylvania was transferred to Husband's parents and that Wife has no right, title and interest in that property. The parties also acknowledge that subsequent to separation, Husband purchased a cabin at his present address, 14245 McCalmont Road, Orrstown, Pennsylvania 17244-9677, paid for with a home equity loan against the Kerrsville Road property on which loan Wife was a co-signor. With regard to that home equity loan, Husband will make all payments thereon and indemnify and 2 hold Wife harmless. Within 45 days of the date of this Agreement, Husband will refinance or otherwise obtain a Release of Wife's obligation on account of that loan. Husband will indemnify and hold Wife harmless against any claim which she may have on account of an obligation incurred for the purchase of the cabin in which Husband resides. On the same day as she is released from the loan, if requested by Husband, Wife will execute a special warranty deed transferring all her right, title and interest in the cabin to Husband. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Lowe's card ii. First National Bank of Omaha Visa 1: Husband has paid the obligations set out above by compromises made with the credit card holder so that Wife is no longer liable on that debt. 2: Wife shall pay any obligations incurred by her in her separate name and with regard to such obligation shall indemnify and hold Husband harmless. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on April 1, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 3 (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Husband shall retain the 2004 Ford F-250 king cab encumbered by a lien on which Wife is obligated. Wife will retain a 2002 Ford Explorer encumbered by a lien only in her name. Within 60 days of the date of this Agreement, Husband will pay off or refinance the Ford F-250 king cab obligation so that Wife is no longer liable thereon. At the same time as Husband obtains Wife's release of lien, she will execute any documents required to transfer to Husband all her right, title and interest in the 2004 Ford F-250 king cab. Each party shall assume full responsibility for any encumbrance on the motor vehicles received by said party and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or 4 she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Karl Rominger, Esquire and Husband is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5 (12) 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 contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable 6 distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; 7 H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 8 IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Susan Cromer Aeffi'WAlan Cromer 9 200.3 0OC 1! 3 iii J 2-1 J o Y SUSAN CROMER, Plaintiff V. JEFFREY ALAN CROMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6558 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint filed November 13, 2006, Order of Petition for Service of Divorce by Publication granted on September 18, 2007, (Attached as Exhibit "A"), proof of publication with The.Sentinel dated October 11, 2007, (Attached as Exhibit `B"), and Proof of Publication with the Cumberland Law Journal dated October 12, 2007, (Attached as Exhibit "C"). 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff October 12, 2009; by the Defendant September 11, 2009. 4. Related claims pending: None (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on October 12, 2009; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on October 9, 2009. Date: 1 c-)V Au? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. #81924 Attorney for Plaintiff FILED- IC. _ OF THE 2009 QC i 13 Phi 2: 59 IN THE COURT OF COMMON PLEAS OF Susan Cromer CUMBERLAND COUNTY, PENNSYLVANIA V. Jeffrey Alan Cromer NO. 06-6558 DIVORCE DECREE AND NOW, 4!'4044. to , "0 , it is ordered and decreed that Susan Cromer plaintiff, and Jeffrey Alan Cromer , 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.") A Marital Settlement Agreement is attached and incorporated into but is not merged with the Divorce Decree. By the Court, ,,? W/ AJ. Protho tary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. b IN DIVORCE ?- pP'-!1A? Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated D - a (3'?T hereby elects to resume the prior surname of C? ? ? E-& \ ??\ <,- , and gives this written notice avowing his / her intention pursu t to the provisions of 54 P.S. 704. Date: \ Q!) a-3 c)9 Signature Signature of name being r sumed COMMONWE ,AkLTH OF PENNSYLVANIA ) COUNTY OF On the y of 6--4pgFa , 2001, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 OF n?oTOrgtaa M OCT 23 P 3t 2 7