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8 IN THE COURT OF COMMON PLEAS 8
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8 OF CUMBERLAND COUNTY 8
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8 STATE OF ~ PENNA. .
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DECREE IN
DIVORCE
AND NOW, """'" /A-.O,..,."", (,0.:",. 19 ,r~-:", it is ordered and
decreed that.., .. , , ,l'IWY, J..,., ~MIVfOIlD, ..' , '....., .. , ... ......, plaintiff.
and, " " , , " , , , , , , , , ,RANDY ,E. ,CRAI.JEORD, , " , , , " , , , , , , . . , . , , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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is incorporated herein and the Court has jurisdiction ~
, , , , , , , 'over' no' other' claims: ' , , , , , , , , , , , , , , , , , , , , , , , , , , ','
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT Made this
/ .;11
? ---day of November, 1994 by
.
and between Penny L. Crawford, (hereinafter referred to as Wife)
and Randy B. Crawford, (hereinafter referred to as Husband);
WITNESSETH I
WHEREAS, the parties hereto were married on August 17, 1991,
and; have been and are Husband and Wife.
WHEREAS .
diverse,
unhappy
differences,
disputes
and
difficulties havo arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart for the
rest of their natural lives, 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 specification1 the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal propertY1 settling of all matters between
them relating to the past, present and future support and/or
maintenance of the wife, the settling of any and all claims and
possible claims by one against the other or against their
respective estate.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the parties hereto, WIFE and
HUSBAND, each intending to be legally bound, herehy covenant and
agree as follows I
.
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS I This
Agreement shall ~ot be considered to affect or bar the right of
WIFE or HUSBAND to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to
such defense aG may be available to either party. This Agreement
is not intended to condone and shall not be daemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occurred prior to the
date hereof. The parties intend to secure a mutual consent
divorce.
2. EFFECT OF DIVORCE DECREEI The parties agree that unless
otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE I The
parties agree that the terms of this Agreement shall be
incorporated into any divorce decree which may be entered with
respect to them. Husband, although not represented by counsel,
has had the terms of this agreement fully explained to him and
agrees to those terms.
4. SEPARATION I It shall be lawful for each party at all
times hereafter to live separate and apart from the other party
as such place as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission
on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
.
5.
INTERFERENCE I
Each party shall be free from
interference, authority, and 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 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.
6. WIFE'S DEBTS I WIFE represents and warrants to HUSBAND
that since the separation, she has not and in the future she will
not contract or incur any debt or liability for which HUSBAND or
his estate might be responsible and shall indemnify and save
harmless HUSBAND from any and all claims or demands made against
him by reasons of debts or obligations incurred by her.
7.
HUSBAND'S DEBTS I
HUSBAND represents and warrants to
WIFE that since the separation he has not and in the future he
will not contract or incur any debt or liability for which WIFE
or her estate might be responsible and shall indemnify and save
harmless WIFE from any and all claims or demands made against her
by reason of debts or obligations incurred by him.
8,
MUTUAL RELEASE I
subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself and his or her heirs, legal
representatives, executors, administrators and assigns, release
and discharge the uther of and from all causes of action. claims,
rights. 'or demands, whatsoever in law or equity. which either of
the parties ever had or now has against the other, except any or
"
all cause or causes of action for divorce and except any or all
causes of action from breach of any provisions of this Agreement.
9. REAL PROPERTY. The marital home at 110 "AN Street.
plainfield, PA 17081. shall be the property of Husband, Randy E.
Crawford. Husband shall purchase Wife's equity in the property
for the sum of One ($1.00) Dollar and no/cents.
10. DIVISION OF PERSONAL PROPERTY.
(a) The parties have heretofore divided their personal
property to their mutual satisfaction. Henceforth. each of the
parties shall own, have and enjoy, independently of any claim of
right of the other party, all items of personal property of every
kind. nature and description and wheresoever situated, which are
now owned or held by or which may hereafter belong to the HUSBAND
or WIFE respectfully, with full power to the HUSBAND or the WIFE
to dispose of sarne as fully and effectually, in all respects and
for all purposes as if he or she were unmarried. All items of
personal property shall be divided between the parties as
provided hereinl
(b) Personal Effects. All items of personal effects
such as, but not limited tOl jewelry, luggage, sports equipment.
hobby collections and books, but not including furniture or any
property, personal or otherwise specifically disposed of pursuant
to this agreement, shall become the absolute and sole property of
that party who has had the principal use thereof or to whom the
property was given or for whom it was purchased, and each party
hereby surrenders any interest he or she may have in any such
tangible personal property of the other.
.
(c) Intangible Personal Property (other than Life
Insurance) I All stocks, bonds. cash, and sums on deposit in
checking and 8Ilving accounts (owned by either or both parties)
have been or will be divided to the mutual satisfaction of the
parties.
(d) Furniture and other Tangible Property I All
furniture and other tangible peraonal property not disposed of
pursuant to other paragraphs of this agreement shall be the
property of the Wife.
(e) Debts I The Husband shall be responsible for all
existing joint debts and liabilities incurred by the parties
prior to their separation. The Husband shall also be responsible
for all existing debts and liabilities incurred in his own name
prior to the separation. The Wife shall be responsible for all
existing debts and liabilities incurred in her own name prior to
the separation.
(f) The parties further agree that neither will incur
any future debts for which the other may be held liable, a~d if
either party incurs a debt for which the other will be liable,
that party incurring such debt will hold the other harmless from
any and all liability thereon.
(g) The camco"der shall be the property of the
Husband.
(h) The entertainment center shall be the property of
the Wife.
(i) The 1993 Safari Van will be sold and the proceeds
shall be divided up equally between the parites.
.
11. AFTER ACQUIRED PERSONAL PROPERTY. Each of the parties
shall hereafter own and enjoy, independently of any claims or
right of the other. all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively. in
all respect and for all purposes, as though he or she were
unmarried.
12. CUSTOD!. Physical custody of the Pomeranian dog
(Dakota) shall be with the WIFE. Visitation shall be as agreed
upon by the parties.
13, COUNSEL FEES. Each party shall pay his or her counsel
fees and expenses.
14. DIVORCE. The parties hereto agree to enter into a
mutual consent divorce. WIFE agrees to pursue the divorce and to
be the Plaintiff therein. HUSBAND agrees to sign the necessary
documents, including an Affidavit of Consent and further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
15. WAIVER OF CLAIMS. Except as herein otherwise provided,
each party may dispose of his or her property in any way. and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the
estate of the other as a result. of the marital relationship,
including without limitation, dower, courtesy, statutory
allowance, widow's allowance, right to take in intestacy, right
to take against the Will of the other, and right to act as
.
.
administrator or executor of the other's estate, and each will,
at the request of the other, execute, acknowledge and deliver
any and all instruments which may be necessary or advisable to
carry into effect thiB mutual waiver and relinquishment of all
such interests, rights and claims.
16. BREACH' If either party breaches any provision of this
Agreement, the other party shall have tho right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
legal fees and costs incurred by the other in enfor.cing their
rights under this Agreement.
17. VOID CLAUSES, 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.
18. DESCRIPTIVE HEADINGS, The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
19. INDEPENDENT SEPARATE COVENANTS, It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
.
.
" .
.
.
20. 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.
21. APPLICABLE LAW. This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980.
22. AGREEMENT BINDING ON HEIRS. This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
23. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
24. MODIFICATION AND WAIVER I A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent default of the same or
similar nature.
25. WAIVER OF RIGHTS. The parties hereto have blden
informed of their rights or have been advised to seek counsel to
inform them of their rights under and pursuant to the the Divorce
Code, Act of April 2, 1980, Number 1980-26, particularly the
'.
. .' .
, .' .
provisions
for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both
parties aqree that this Agreement shall conclusively provide for
the distribution of property under the said law and hereby waive,
release and relinquish any further rights they may respectiveoly
have against the other for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or
expenses,
Prom the date hereof, each party may acquire either
personal or real property in their own name.
Any property so
acquired shall be owned solely by the individual and shall not be
subject to any claim whatsoever by the other party.
26 . EXECUTION OF DOCUMENTS I Both parties hereby agree to
execute any documents required to implement this Agreement.
27.
PINANCIAL DISCLOSURE.
The parties confirm that they
have relied on the substantial accuracy of the financial
disclosure of the othe~ as an inducement to the execution of this
Agreement.
IN WITNESS WHEREOP, the parties hereto have set their hands
and saals the date and year first above written.
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IN THE COORT OF <XM'-Ool PLEAS OF
ctMBERLAND CCXJNTY, PENNSYLVANIA
.
00. 94-5525
CIVIL
1994
Penny L. Crawford,
Plaintiff
vr.
Randy E. Crawford,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with tbe following infoIlTlation, to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section 3301 lc)
~(l) of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the complaint:
SeptPmhPr 3, lqq~ hy
restricted, certified mail, return receipt
3. Complete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff December 28, lqq~
by the defendant January 5. 1995
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiffts affidavit upon the defendant:
4. Related claims pending: none
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
~~~~
Attorney for Plaintiff~
.
PENNY L, CRAWFORD , I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY. PENNSYLVANIA
I
ve. I CIVIL ACTJ~N ~ - ~W ~
I NO, q,/.' '.l ~ .....-
RANDY E. CRAWFORD . I
Defendant I IN DIVORCE
NOTICB TO DBFBND AND CLAIM RIGHTS
YOU HAVE BBBH SUBD IN COURT. If you wi8h to defend againet
the claim8 8et forth in the following page8, you mU8t take prompt
action. You are warned that if you fail to do 80, the ca8e may
proceed without you and a decree of divorce or annulment may be
entered again8t you by the Court. A judgment may a180 be entered
again8t you for any other claim or relief reque8ted in the8e
paper8 by the Plaintiff. You may lose money or property or other
right8 important to you, including custody or vi8itation of your
children.
When the ground8 for divorce is indignitie8 or irretrievable
breakdown of the marriage, you may request marriage coun8elling.
A li8t of marriage coun8elors i8 available in the Prothonotary'8
Office at the Cumberland County Courthou8e, Carli8le,
Penn8ylvania.
IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPBRTY, LAWYER' S FBBS OR BXPBNSES. BEFORE A DIVORCB OR
ANHULKENT IS GRANTED. YOU MAY LOSE TUB RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAltB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD mfR. GO TO OR TELEPHONE TUB
OFPICE SET PORTH BELOW TO PIND OUT WHERE YOU CAN GBT LEGAL HELP.
Court Admini8trator, 4th Floor
Cumberland County Courthou8e
Carlisle, PA 17013
(717) 240-6200
C-</~,~~(( ~.
--'~r 'T. McDermott, E8q.
ARTHUR T. MCDERMOTT & ASSOCIATES
Fifty East High Street
Carlisle, PA 17013
(717) 243-7807
PENNY L. CRAWFORD . I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs, I CIVIL ACTION - LAW
I NO. t:} ". f"5" ol.s" ~ .,- ..L<...--
RANDY E. CRAWFORD , I
Defendant I IN DIVORCE
COMPLAINT IN DIVORCE
COMES NOW, Plaintiff Penny L. Crawford. through her
attorney, Arthur T. McDermott, Esquire and avers as follows I
COUNT I - DIVORCE
1. Plaintiff is Penny L. Crawford, who currently resides
at 110A Street, P.O. Box 234, plainfield, Cumberland County. PA
17081.
2. Defendant is RAndy E. Crawford. who currently resides
at 110A Street, P.O. Box 234, plainfield, Cumberland County, PA
17081.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
to the filing of this Complaint.
4. The plaintiff and defendant were married on August 17.
1991 in Cumberland County. Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken. and the parties
are proceeding under Section 3301(c) of the Divorce Code.
WHEREFORE, Plaintiff requests the court to enter a decree of
divorce.
COUNT II - EQUITABLE DISTRIBUTION
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PENNY L. CRAWFORD , . IN THE COURT 01' COMMON PLEAS 01'
Plaintiif . CtJMEIBRLAND COUN'l"l, PENNSYLVANIA
.
ve. I CIVIL ACTION - LAW
. NO, 94-5525
RANDY B. CRAWFORD , .
Defendant I IN DIVORCE
API'IDAVIT 01' SBRVICB BY NAIL
PURSUANT TO Pa. R.C.IP. 1920.4(4)(I)(i1)
COMMONWEALTH OF PENNSYLVANIA I
I 55
COUNTY OF CtJMEIERLAND I
Arthur T. McDermott, Esquire, being dl!::'y sworn according' to
law, deposes and says that he is the attorney for plaintiff,
PBlOIY L, CRAIfFORD, and that he did serve a true and correct copy
of Plaintiff's Complaint in Divorce and Notice filed in the above
matter, by mail certified, restricted delivery. return receipt
requested, to the Defendant, RANDY B. CRANPORD. on September 3,
1994. The receipt form is attached hereto as Exhibit "A".
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Arthur T. McDermott, Esquire
/;Ih
Sworn to and subscribed before me this ____ day of OCtober,
1994.
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SHElLY SEXTON, NOTARY PUBLIC
CARLISLE BORO, CUIotBERLANO COUNTY
IlY COllll19910N EXPIRES OCT. 31. 1994
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5525
RANDY E. CRAWFORD,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301(a)(5) of the
Divorce Code was filed on September 28, 1994.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3, I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to
Date I /-J -,;J!, Y..,y'
( Sworn
j ~ ',' I~ 6/ l
to and
, 1994.
subscribed
/'
before
me
this
""_'.'/11
o:id day
of
J (. / ..)- '.
\ ,I /II ~ ,I;' ,'. II (.J .
Nota Public
NOTARIAL seAL
DEllRo' L. PETEfIS, NOTARY Pl&JC
CARI.ISlE 8ORO. C\JMBEFlAND COUNTY
MY COMMIS8lON EllPIfES JUNE 8.1.
Mwnbef. PennoylvllOla A&otlallcn 01 NoIarlM
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I IN THE COURT OP COMMON PLEAS OP
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I NO. 94-5525
I
I IN DIVORCE
RANDY E. CRAWFORD,
Defendant
AFFIDAVIT OF CONSBH'l'
1. A Complaint in divorce under Section 3301(5)(5) of the
Divorce Code was filed on September 28, 1994.
2, The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce,
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct. I understand that false st&tements herein are made
subject to the penalties of 18 Pa. C.S, section 4904 relating to
unsworn falsification to authorities.
Datel j-5-'}c.. ~~ f'{' ~? J
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Randy . Crawfo
Sworn
(C )0.-( CCVL,.f
g
to and subscribed before me
.19..')$'
this
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/)),0<-,,, (i '~A.C(tl,--
Notary Public
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PENNY L. CRAWFORD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY. PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 94-5525
RANDY E. CRAWFORD, I
Defendant I IN DIVORCE
WAIVER OF COUNSELLING
being duly sworn according to law,
RAHDY B. CRA1fIl'ORD.
deposes and saysl
1. I have been advised of the availability of DIIlrriage
counselling and understand that I may request th&t the Court
require that my spouse and I participate in counselling.
2. I understand that the court maintains a list of marriage
counselors in the Domestic Relations Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the Court.
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.
) Sworn
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to and subscribed before me this
19.. q s-
,JALLl'''' L'. /1-;1-./( a,\
, Notary Public
day of
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