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HomeMy WebLinkAbout95-00439 d{;'~1~\' d'):'lr.!",i\~ ff~:::",:f';,~;, ~~;~r::L{\):' rllj}~J :'; l{K~r. .,il? ','''' :}~~~,~.'.::}.' "".. -'?F.< ,,' l,t"::_' :~'.,\'~' ; ~ ~ " "'-""',- :1/?'1 t\ "" ,'i~:~~<~;~'.' ""','- t:{..: ,d-.;: " I , '.':",<,..-, , ~-.. 'C.'" f~-:. ' ~.\ IH(,~ i\'~\:6 J~,:',;' '-,'-:, , . ;~':~'r ,.~ ,:; ^ ''1'''~'''' :'. "" " !~'t-.~: ~\\\ :_.:;, li\~.~_t':.:',~';' ': ;~E' I/}.,. ' ';}F~k " ".\ " >;::~' ~-',,"'.: ' l~ J -"",'-. : . " 0- <Y) · '::t- n :1' 11 .1 'j ',,\. i\ :.,<;'.:1 :" ~':-'!1 ~: ~~~:1:\~ , .,,~, :;;~~:" ! ,~; "t<, .~ '~). }~ -it,! '-.:\\{~~ ,'j1 ,If; ::~ - '~,~~ ';~ -~ , '~'~~'~'e-'~-~'*'~~~~_*_**ro~~'~~~:'~~:~;:~~':~:~:~~ ~ - -- 8 ~ ~.~",' ~. . ~ IN THE COURT OF COMMON PLEAS : ~ OF CUMBERLAND COUNTY ~ ~ ~!r ~ ~ ~ ~ ~.' . ~ STATE OF ~;"I!'!'~.:r' PENNA. ~ ~ ~ ~ ~.' ,.; ~ ,.' ~ JEFFREY D. CRISS ....... ........ ............... ".......,...... II il ,[ :1 ,1 i ........., ,I :i ~ ',' N 0, .~,?.?.:?.::-.~}?.. C.~.~.~.~..... 19 ~ ~.~ ~.; ~ ~ '.' ,. ,'. ~ ~ 0;' ", ~ ~.- i ~.' ~.\ ~ i '.~ ~.; ~ ,'. ~ ,~ ~ ,', ~ ~ 0;' !'. ~ ~.~ ~ ,', " ~ $ .. .. w ~ " ,', ~ " ~ ~': ,', ~ 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; ,', * No claims are pending. The Marital Settlement Agreement dated ~ Janu.a:r?Y' :JOI '1995, shall' be' incorporated' 'by' reference' into' t'1tEl. D'i'vorce '.~ Decree, notwithstanding such incorporation. this Aureement sh~ll not S be' bier-gall' 'into' 'such' 'Decree; . b'ut' snall' Iri' al.'i' re8pe~tB' 'survive the same and forever binding and conclusive on the parties. Dy T. c Co};),rl'! 4 ,"-1 ~ ^1l~'1'V ~ ~-f:c.t {t /J;}t;~ ..a~I'".:;?f J: ,7\;.': . r. 0" :.7 , ~,' ~/;'1Z,,e' ~k , " / ,/' :;),jc'r'f"' Prolhonolnry Vel'i';lIS CYNTHIA A. CRISS . . .. . . . . . .. , , DECREE IN DIVORCE M ,', ,; ~ ~ ~ :'~ .~ ~ v i!! ~ ~ ~.' ~ ..' - AND NOW, . .. . .. .... .. :J;>;7,~.. .. /.~.,":, 19. ?~".. it is ordered and decreed that" ~.e,~~~~.:': J?:, ~,x:~~.s".,',...,..,..,.,...,.,..". plaintiff, and,., ., ,~~:,~~':-o ~.', ,~7,i.~~,..""..,. .... ."., "" ",.."" defendant, are divorced from fhe bonds of matrimony. ~ ~.' ~ ~ ~ I:; 0, ~ f.~ ~ I:; ~ '0' ~ .', ~ ,~ , ' , I~ .~ I'l ,', 8 ~ ~~ --~ .~:- --, ~ ,', ~ ---......-....~......._~".~.-...,.. " - .,.-..--.,.",-, ,.,--,. ,._I~ ~_ro*~****~.*.~*~..~~.~.*~.~.* , ': ' ." II'" ". . I '. "," . ' .,' , l' ' " . , . " .' ~-----~_.~. - , ., ~_...-..-..--.~ ' ~_:. .,....' ."_" ... ,..",~ ,.., , 'J l :./::~ &d 0/)' ,,:.'~~/;G 4 ~4-?'1 .J ./t' '" 7?lf2~ fi(t'I..~ ~ d?/f. , MARITAL SETTLEMENT AGREEMENT This AGREEMENT made this ~~\~ day of Jtl'I\\Jlll~, 1995, by and between Jeffrey D, criss (Husband) and cynthia A, Criss (Wife), at Mechanicsburg, Pennsylvania. WITNESSETIl: Whereas, the parties hereto are Husband and Wife, having been married on May 2B, 19BB in Harrisburg, Pennsylvania, Whereas, difficul ties have arisen between the parties and it is their intention to live separate and apart, and the parties are desirous of settling completely the economic and other rights and obligations between each other including, without limitation: the ownership and equitabl e distribution of mari tal property, the past, present and future support, alimony, alimony pendente lite and/or maintenance of either of them, payment of counsel fees and' i,l general, any and all claims and possible claims by one against the other or against their respective estates and to accept the provisions of this Agreement in lieu of and in full settlement and satisfaction of all such rights and claims. NOW, THEREFORE, Husband and Wife, in consideration of the above recitals and the following covenants and promised mutually made and mutually to be kept, the parties heretofore, each intending to be legally bound and to legally bind their heirs, successors and assigns thereby covenant, promise and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to bar the right of Husband -1- or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party of any act on the part of the other party whi ch has caused the disputes, The parties intend to secure a mutual consent, no-fault divorce pursuant to the provizions of Section 3301 (c) of the Pennsyl vania oi vorce Code of 1980, as amended and agree on the execution date of this Agreement to execute affidavits consenting to the entry of a final decree in divorce. 2. EFFECT OF DIVORCE DECREE: 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: The terms of the Agreement shall be incorporated into any divorce decree which may be entered with respect to the parties, but shall not be merged into such decree, The Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. This Agreement shall survive any such decree in divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract i tsel f at 1 aw or in equity or in any -2- I enforcement action filed to the divorce caption, 4. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed Agreement on the same date. otherwise, the "date of execution" or "execution date" of the Agreement shall be defined as the date of execution by the party last executing this Agreement. 5, ADVICE OF COUNSEL: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by counsel Thomas Blackburn, Esquire and that Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement, Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing acts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreements. Each party has had full and fair disclosure of the parties' assets and liabilities. 6. PERSONAL RIGHTS: -3- 1,1":... .". "'J"",,, ",' ... ,., -".~' ~'-"'-:,"".~'\'~--':-l"'~~ '~l" . , . , ' . ' Husband and Wife m'lY and shall, at all times hereafter, live separate and apart, They shall be free from any interference, direct or indirect, by the othp.r in all respects as full y as if they were unmarried. Each may, for his or her separate use of benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not harass, disturb or malign each other or the respective families of each other. 7, MUTUAL RELEASES: Except as otherwise expressly provided by this Agreement: (a) Each party absolutely and unconditionally releases and forever discharges the other and the estate of the other from any and all rights and obligations which either may have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses aud any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments, as well as under any other I aw of any other jurisdiction except and onl y except all rights and obligations arising under this Agreement or for the breach of any of its provisions. (b) Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties, The above release shall be effective whether such claim arises by way of widow's or widower's rights, famil y exemption, 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth of Territory of the United states, or any other country, The parties each waive and release any and all right to receive insurance proceeds at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any portion of the estate of the other under his or her will (if executed prior to the execution date hereof), or to act as personal representatives of the estate of the other. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity, which either party now has against the other. S, FINANCIAL DISCLOSURE: Husband and Wife agree that they have both been given the opportunity for full and complete disclosure of all assets owned by either or both of them in any form, This not withstanding, both Husband and Wife hereby waive any opportunity which they have not previously exercised to investigate the assets of the other, Both 1 -5- Husband and Wife acknowledge that this Agreement shall not be set aside on the basis that either party failed to disclose, whether fraudulently or not, any asset. 9. MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, 10, LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania, ll, AGREEMENT BINDING ON HEIRS: Except as may otherwise be provided, this Agreement shall be binding on the parties hereto and their respective heirs, executors, administrators, successors and assigns. 12, INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have -6- or hereafter have against the other of equitable distribution of their property or for alimony, alimony pendente lite, counsel fees or costs by any court of competent jurisdiction pursuant to the Di vorce Code of 1980 or any other 1 aws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 13, OTHER DOCUMENTATION: within ten (10) days after demand therefor, the parties will execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be reasonable, necessary or desirable for the proper effectuation of this Agreement. l4, NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless terminated under the terms of this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 15, REMEDIES AND SANCTIONS: -7- In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court, l6, ATTORNEYS FEES FOR ENFORCEMENT: In the event that either party breached any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. l7, HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs 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. 18, TRANSFER OF REAL ESTATE: Husband and Wife hold title as tenants by the entireties to the premises identified as 110 Valley View Drive, Mechanicsburg, PA 17055 (the marital residence). The parties agree as follows with -8- respect to the marital residence: (a) On the settlement date of the mortgage re-finance described below, Wife shall deliver to Hunband a warranty deed conveying to Husband all of her right, title and interest in and to the marital residence, and Husband shall pay to Wife the amount of $lO,OOO.OO. Thereafter, Husband shall be the sole owner of the marital residence and shall be permitted to record that deed and take any other action with respect thereto that he deems appropriate (b) Commencing on the execution date of thin Agreement, and without regard to when bills for nuch items are incurred, received or due, Husband shall be solely responsible for all future costs or liabilities associated with or attributable to maintaining the marital residence (including, but not limited to , all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance and gardening expenses and repairs) and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys fees, which are incurred in connection with such maintenance, cost,and expense or resulting from Husbands's ownership interest in the marital residence. (c) There is presently outstanding againnt the marital residence a mortgage in favor of PHHUS Mortgage Corp, (Loan number 339725-4). Commencing on the date of execution of this Agreement, Husband shall be solely responsible for the timely payment of all -9- , . ~ ~., "'h!-. ~ 'i'~".....~-,,--...' ~. , . . ~ , ___ "~,':" ,."'_.,' , '~,") t' ~ '" ",I., ".'.:~~7-,'~-J!f'. ~,~ ' past, present, and future principal, interest and other fees due under the mortgage. (d) It is the intention of Husband to re-finance this mortgage with Pennsylvania state Employees Credit Union, Husband and Wife agree to take all steps necessary to obtain are-finance mortgage at PSECU in Husband's name alone, provided, however, that PSEcU agrees to such a mortgage. (e) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution fate of this Agreement in connection with any expense required to be made by Husband including, but not 1 imi ted to, the mortgage, property taxes, and insurance wi th respect to the aforesaid premises, and in the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, it shall be Husband's estate's obligation to promptly satisfy the mortgage, (f) Husband shall cooperate by providing or signing any necessary documents required by Wife if she decides to purchase a residence and is required to secure a mortgage to any financial institution or mortgage company, These documents would verify Husband's liability on the mortgage on the marital residence, They would also verify that under this Agreement, Husband will indemnify Wife from liability on the mortgage on the marital residence. (g) If, for any reason, PHHUS Mortgage Corp, refused to transfer the mortgage on the marital residence to Husband's name alone, Husband shall insure the marital residence to at least the -10- extent of the present mortgage and Husband shall delivcr to Wifc cach year documentation evidcncing that this property is insured at least to the extent of the present mortgage until such present mortgage is paid off, (h) Husband and Wife each warrant that neither has any interest in any other real estate, 19. PERSONAL PROPERTY Except as stated elsewhere in this Agreement, Husband and Wife agree that they have divided between themselves to their mutual satisfaction all items of tangible personal property, Neither party shall make a claim to any such item of tangible personal property whether said items are joint property or are items of separate personal property now in the possession or under the control of the other party or titled in the name of the other party. Tangible personal property shall be deemed to be in the possession or under the control of a party if the item is physically in possession or control of the party at the time of the signing of this Agreement, 20, AUTOMOBILES: Husband and Wife agree that Wife shall retain the 1991 Honda Civic automobile which is currently used by wife, Husband and Wife agree that the Husband shall retain the 1988 Toyota 4WD Pick-up which is currently used by Husband, Both parties agrec that each shall execute such documents of transfer, if any, as may be necessary to transfer title to these vehicles to the proper party and to be responsible for any debts incurred thereon. -11- 2l, PENSION AND RETIREMENT PL~M~ Wife acknowledges that the marital property of the parties includes Husband's pension plan through his employment with Department of Health, Commonwealth of Pennsylvania, Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's pension interest and, notwithstanding the same, wife forever waives and relinquishes any right, interest or claim that she might have in and to Husband's aforesaid pension interest, Likewise, Husband acknowledges that the marital property of the parties includes Wife's pension plan through her employment with Your Private Printer. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's pension interest and, notwithstanding the same, Husband forever waives and relinquishes any right, interest or claim that he might have in and to Wife's aforesaid pension interest. Husband and Wife shall each be deemed to be in possession or control of their own individual pension or other employee benefit plans from retirement benefits of any nature for the period following the dissolution of the marriage. As to retirement benefits of any nature for the period of the marriage, it is hereby agreed that each spouse shall be considered as having his or her own retirement benefits and Husband and Wife respectively will not be eligible for assignment of the spouse's pension or other retirement benefits for any period before, during or following the dissolution of the marriage, 22, INTANGIBLE PERSONAL PROPERTYt -l~- Husband and Wife agree that they have previously divided all other intangibl e personal property inc1 uding all checking and savings accounts. Neither party shall make a claim to any such item of intangible personal property whether said items are joint property or are items of separate personal property titled in the name of the other party. 23. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, by they real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as full y and effectively, in all respects and for all purposes, as though he or she were unmarried. 24. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS: Husband and Wife each warrant that neither has heretofore contracted for any liability for which the other or the estate of the other may be responsible except as specifically disclosed and provided for by the terms of this Agreement. 25. COUNSEL FEES. COSTS AND EXPENSES: Husband and Wife agree to pay their own counsel fees, costs and expenses associated with this divorce. Neither shall seek any contribution thereto from the other party. 26. JOINT INCOME TAX INDEMNIFICATION: Husband agrees that he wi 11 be solely L"esponsible and hold Wife harmless for any and all contingent or other liabilities on joint -13- income tax returns previously filed by the parties and will agree to pay any claim or expenses arising out of such returns or liabilities (including reasonable counsel fees, tax. interest and penalties), unless additional liabilities are found to be attributable to misrepresentations or failure to disclose the nature and extent of Husband's income as it may appear on said previous tax return, in which case, Husband shall be responsibl e to pay any claims or expenses related thereto. The parties hereto acknowledge that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service or the Pennsylvania Department of Revenue concerning tax years for which a joint return has been filed. 27. NOTICE OF CHANGE OF ADDRESS: As long as any obligations remain to be performed pursuant to the provisions of this Agreement. each party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notify the other in writing of any change of address by giving the new residence address. 28. ALIMONY. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE: The parties acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of 1 i ving may increase or decrease, that thei r respective estates may increase or decrease in value, that either -14- may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, the parties hereby expressly waive, discharge, give up and release any and all rights and causes which they may now or hereafter have by reason of the parties' marriage, separation or divorce alimony, alimony pendente lite, spousal support and maintenance, and they further release any right they may have to such modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all times of either party's obligation to contribute to the support and maintenance of the other. From the date of execution of this Agreement, it shall be the sole resp~nsibility of each party to sustain himself or herself without seeking any support from the other. 29. VOLUNTARY EXECUTION THE PROVISIONS OF THIS AGREEMENT AND THEIR LEGAL EFFECT IIAVE BEEN FULLY EXPLAINED TO HUSBAND BY HIS COUNSEL AND WIFE, SINCE SHE CItOSE NOT TO RETAIN COUNSEL, ACKNOWLEDGES THAT SIIE HAS READ THIS AGREEMENT AND THAT SIIE UNDERSTANDS ITS LEGAL EFFECT. EACIt PARTY ACKNOWLEDGES THAT TilE AGREEMENT IS FAIR AND EQUITABLE, TIIAT IT IS BEING ENTERED INTO VOLUNTARILY, WITH FULL KNOWLEDGE OF THE ASSETS OF BOTH PARTIES, AND THAT IT IS NOT THE HESULT OF ANY DURESS OR UNDUE INFLUENCE. THE PARTIES ACKNOWLEDGE THAT TilEY HAVE BEEN FURNISHED WITH ALL INFORMATION RELATING TO THE FINANCIAL AFFAIRS OF -15- TItE OTItER. Each of the parties h.gs careful 1 y read and full~ol'lsidered this Aqreement anq all of the statements, terms. conditions and provisions thereof prior to siqninq below. IN WITNESS WHEREOF. the parties hereto executed this Agreement the day and year first written above. ~.~ <'~~~ WITNESS il J .C~ JE~'. . D. CRISS ~. ,.-.J /J. ..a~ CYN HIA A. CRI~S m~P-Jr WITN SS -16- .' '. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On the --312- day of ::iJf:L.UIJIU-J... . 1995, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, personally appeared before me Jeffrey D. Criss and in due form of law acknowledged the above Agreement to be his act and deed. No My COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On the ~'7 day of ~ , subscriber, a Notary Public for the Commonwealth of Pennsylvania, personally appeared before me Cynthia A. Criss and in due form of ,.. .ok".'.d..d tho .b". A.'..m'~~~'d' Notary Public 1995, before me, the My Comm ssion E~~nlfft: P\bIc DanielS.ROOMOO.~ I.l7Nlll P;UIOrlT\:P...0auIJ01 2B~7 Myeonms..~f.xPJ9SJItY . ,.....M~Dno1 _. n . "'1I~~i~tW....'--. -17- ..,.. en ~..~.... .~ ':: - c.._ r- <:> " :llr r..~ +_'." :: .:- ,- ) '..' .~- :..-:-: . = , ., .' .... ... :c " " . IN 1llE COURT OF CCM-ION PLEAS OF CUMBERLAND COUNl'Y. PENNSYLVANIA NO. 95-439 CIVIL 19 JEFFREY D. CRISS vs. CYNTHIA A. CRISS 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ltIlllllkl(~1d<l of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Complaint served February 2, 1995 by certified mail restricted delivery 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 May 6, 1995 by the defendant May 3, 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 plaintiff's affidavit upon the defendant: 4. Related claims pending: None - parties executed marital settlement agreement wmcm is attached to final decree 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)(I)(i) of the Divorce Code ~():I1':?I3&"i~ ~ / Attorney for PlaintifffDefeAg.~ Lr'l ~ '"" .1,.. ~ ;-.t ,. 101, '- 'D (,\-' 0 = >- "'I..- -, = JEFFREY D. CRISS. Plaintiff. IN THE COUR'r OF COMMON PLEkS CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE NO. 95" 439 Civil T",rm CYNTHIA A, CRISS, Defendant NOTICE TO DEFEND AND CLI'.U1 RIGHTS You have been sued in court, If you \4ish to defend 39ain:.ll the claims set forth in the following pages, YOIl must lake pL'ompt action. You are warned that if you fail to do fjO. the '-'ilse may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief re~u..sted in these papers by the Plaintiff. You may lose money or property or other rlohts important to you. including custody or visitation of your children. When the ground for the divorce irretrievable breakdown of the marriage. you counseling. A list of marriage counselors office of the Prothonotary, is indiCjnlti€'s In may requeot Inarrlage i:o available 1n the IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LAWYER'S FEE OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRAN'i'EU. yOU MAY LOSE THE RIGHT TO CLAW ANY OF 'j'HEI1. YOU SHOULD TAKE THIS PAPEr, TO YOUR LAWUI, A'!' OIl('E, If YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TH~ OFF ICE SET FORTH BELOW TO FlIlD OUT \oIItERE Y~!lJ .;;'.t1 GET LEGlIL BELf'. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE Carlisle. PA 17013 (717) ~40-6cOO January 27. 1995 1)f$IM ~~. Thomas Ul~burn PA S\lprem.~ COUL.t JD # ','ljli5 20 South Market Street 11echaIllcsbllrg. PA 1;05~ (717) 7,"~-160(; Att.CJrno:'y fe'll i;ldlUtltt JEFFREY D. CRISS, Plaintiff , IN THE COURT OF COHMON PLEA~ CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CYNTHIA A. CRISS. Defendant NO, 95- *~ CiVll 'i'erm ~QMP'Lf:;JN'LULD_~YORGE 1. Plaintiff is Jeffrey D. Cnss, who currently resides HI cumberland county at 110 Valley View Drive. Mechanicsblll"g, PA 17055, since November. 1983, 2. Defendant is cynthia A. Criss, I~ho currently resldes at 331 21st street Apt. A, Camp Hill, PA 17011. since' Hay. 1994. 3. Plaintiff and Defendant have been bona tide residents in the commonwtO'alth for at least si:{ months immediately IH'evious to the filing of this Complaint. 4. Plaintiff and Defendant were marned on May 28, 198tl ill Harrisburg, pennsylvania. S. '['here have been no prior action:'.1 of divore::.? or for annulm.;nt between the parties. .;. Nel ther party to this actlon 15 present 1 y a ml?mber of t ht' <luned forces, 7. Pldlntiff and Defendant are both citi~t'n:; of til,' IJl1lled ~tates. S. Plaintiff has been advlH~:d thRt counGl:'ll,Lng lS avallilblf:' '_'l~d that rli\1ntlft mar have the ri9ht to L""IUl'-st tlled th", ,:oart ":'lUll" ] JEFFREY D. CRISS, Plaintiff , v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE CYNTHIA A. CRISS, Defendant NO. 95- Civil Term VERIFICATION I, JEFFREY D. CRISS, verify that I am the Plaintiff in the above- captioned matter and that the averments of fact made in this Complaint are true to the best of my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~. ~ D. CRISS (, :l -Li ~ l Lr'> d ~' 1L __ -t: - ~- ::.<r:: 8....0 -ct 8 0 " 0 r') (f) 2 0 ~ ~:;~ ~~ 0 I,ll 00 v,' -. "'-.J ,~ 0'" .. --, .J). r( -::t- ~ 0- U) - (1. -:p ~ ..:l cL <:J ... . .. . I . ; . . , '. JEFFREY D. CRISS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE v. CYNTHIA A. CRISS, Defendant NO. 95-439 Civil Term SS COUNTY OF CUMBERLAND Thomas Blackburn, Esquire, attorney for Plaintiff Jeffrey D. Criss, being duly sworn according to law, says that he served on Defendant Cynthia A. Criss the Complaint in Divorce by certified mailing to her residence a true and correct copy of same and that Defendant did receive same as evidenced by the attached postal receipt. ~j~~ Thomas Blackburn Sworn to and subscribed before me on February 23, 1995. 7n\._'_~~~ ~P~llC l R NolarloJ Seal Medl3 oy Earlo Cook. t-lotlIy FlbIo .. 1.I1C~~~.w.w hoL'l'fol)J{, JEFFREY n. CRISS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE v. CYNTHIA A. CRISS, Defendant NO. 95-439 civil Term C.ERV FICl\'1'E__ QF'.. SERVJ GE I hereby certify that on February 24, 1995 I served the foregoing Affidavit of Service by causing a true and correct copy thereof to be placed in the United States mail, first class postage pre-paid, addressed as follows: Mrs. Cynthia A. Criss 331 North 21st street, Apt. A Camp Hill. PA 17011 __f)~d 1dIv:~::: Thomas Blackburn, Esquire PA Supreme Court ID #59383 20 South Market Street Mechanicsburg, PA 17055 (717) 796-1600 U1' """ ~ a> .... "'- -"'1'" ...c,... ~ -':..1 a...1.~; 'r C~::;..,U .,; :~:t:.:~ .. ,', ~~. ~,\ ~~ \.1." ~;~~!~~J ,.~ "-i.) C, = _cr In ,,, (T) Lrl 0-, -,- :..;1= I' ,', ~~ ;!or...., 0'0::.')__ O~O:r: G:OU;! 1....:z:O-J 0"-- 0') '- ,~ "" ,.., ~- . . . . .. '. JEFFREY D. CRISS. Plaintiff . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE v. CYNTHIA A. CRISS, Defendant NO. 95-439 Civil Term AF'FJDAY. IT_ .Dli'_ CpNSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 27, 1995, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I unders tand that I may lose rights concerning al ilTlony, 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. ~ 4904 relating to unsworn falsification to authorities. _S/!/5J__ date ~()~ - __ .__.__..__u_.._._ .___.______ De endant Cynthia A. Criss . . 'f" c." -"",-- c. _ . . ~'.,.~.J!O..:. , . .' f .,... _ " , , ~ - '.... " - ..'~ - ~ttr:~~ ~ . . . ..' ,. ". : ~ ' " ~, ':' # . ,: ~-'. ,~ . I I I r Lr> <7> ~~ _ ,.r" .,. tit.!.? = '...? "" ,. ,. , l~ ,. ,. = ... .... = . , . JEFFREY D. CRISS. PI aintif f, IN THE COURT OF COMHON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CYNTHIA A. CRISS, Defendant NO. 95-439 Civil Term ~[FJlQAVIT_QE-QQlisENT 1. A complaint in divorce under S~ction 33ul(c) of the Divorce Code was filed on January 27. 1995, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing of 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. ~ 4904 relating to unsworn falsification to authorities. ~l~\g?----- dat D-,b--_-- Jeffrey D. Criss un> "",. - - c:: ..0 c:> ,...~ .r~ _.. -, t. ,.' UI.. . :.::..r.. c . , <:0 >- ..... -- - I. '. . ." . ",. . -. JEFFREY D. CRISS. Plaintiff , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CYNTHIA A. CRISS, Defendant NO. 95-439 civil Term GERT.I I,"J_C~T_LQ.LS.EJ3YIc:F; I hereby certify that on thi:;; date I served the foregoing Praecipe to Transmit the Record, Affidavits of Consent, Vital Statistics, and draft Divorce Decree by causing a true and correct copy thereof to be placed in the United States mail, first class postage pre-paid, addressed as follows: Mrs. Cynthia A. Criss 331 North 21st Street, Camp Hill, PA 17011 APt. A 4W}J5icf~~ Tta~~s ~~ckburn, Esquire Attorney for Plaintiff PA Supreme Court ID #59383 20 South Market street Mechanicsburg, PA 17055 (717) 796-1600 May 8, 1995 IUr'l> c:n ~'... ~t' ~,: .:1/ ,.., '..::J' Q. :>~.' ~:~.= = " '~. >- ~ I. .... '-.'