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IN THE COURT OF COMMON PLEAS
COUNTY
OF CUMBERLAND
STATE OF I~'
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PENNA,
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Philip McCracken, Jr.,
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Plaintiff
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Patricia A. McCracken,
Defendant
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DECREE IN
DIVORCE
AND NOW. . , . . . ' J'.().l.)' .,-,'i .. ' " . " '. 19'Y,..
decreed thot ...' ,l'l)Hip M~C,rC)~l<l'\n, J~.. . ' , . '
ond .,.', "Patricia. A. . McCracken ,,' ,..',
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ore cJlvorrod from tho honds of matrimony. The attached agreement of the1. ~
parties is incorporated in this Decree in Divorce, but is not merg a.
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AGREEMENT
tiel
AGREEMENT made this ')- day of flAiL" 199B/ by and
between Philip F. Mccracken, Jr. ("~-n'rv), of 346 Walton
street, Lemoyne, cumberland county, Pennsylvania and patricia A.
Mccracken ("Wife") of 12B college lIill Road, Enola, cumberland
county, Pennsylvania.
WITNESSETH I
WHEREAS, the parties hereto are husband and wife, having been
married on the loth day of April in 1986. No children were born
of this marriage.
WHEREAS, diverse unhappy differences, disputes and
diffioulties have arisen between the parties and as a result they
have lived separate and apart since the fall of 1995. A
procesding for the divorce of the parties has been filed by the
Plaintiff, Philip F. McCracken, Jr. in the Court of common Pleas
of cumberland county on December 29, 1995, No, 95-7374. 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 ench other inclUding
without limitation by specificntion: the settling of all matters
between them relating to the ownership nnd equitable distribution
of real and personal property; the settling of all matters between
them relating to the past, present and tutlll'e support, alimony
pendente lite, alimony and/or maintenance at Wite by husband and
of Husband by IHfe.
NOW'I'HEREFORE, in consideration of the nbove recltnls and the
mutual promises, covenants and undertakings hereinnfter set forth
and for other good and valuable consideration, receipt nnd
sufficiency of which is hereby acknowledged by each of the pnrtieB
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hereto, Wife and Itusband, each intending to be legally bound
hereby, covenant and agree as followsl
1. AGREEMENT CONTINGENT ON DIVORCE PROCEEDING
Itusband filed a mutual consent, no-fault divorce, pursuant to
the divorce code of the commonwealth of Pennsylvania. This
Agrsement is contingent upon the Itusband proceeding with said
divorce and Wife (1) signing an Affidavit of consent, (2) a Waiver
of Notice of Intention to Request Entry of a Divorce Decree (l)
executing this Agreement, and (4) hav ing her counse 1 sign a
Praecipe withdrawing all her claims tor support, alimony, nlimony
pendente lite, counsel fees, expenses illlll costs. lIuaband's
counsel shall, ~pon proof Wife has fulfilled the four conditions
set forth in this paragraph, file lIusband's and \~lfe's Affidavits
of Consent and Waivers of Notice and file Wife's Praecipe
withdrawing her claims set forth above, and file a Praecipe to
Transmit Record along with the Vital Htntistics form to
precipitate the prompt entry of a decree at divorce.
2. EFFECT OF DIVORCE DECREE
The parties agree 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 NOT TO DE MERGED
This Agreement shall be incorporated into the final decree 01
divorce of the parties hereto for purposes uf enlorcement only,
but otherwise shall not be menJed Into said decrelJ.
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 the Agreement on the same date.
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otherwise, the "date of execution" or
Agreement shall be defined as the date
I last executing this Agreement.
lis.
"execution date" of this
of execution by the party
DISTRIBUTION DATE
The transfer of property, funds and/or documents providod for
herein shall only take place on the "distribution date" which
shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
6. FINANCIAL DISCLOSURE
The parties confirm that they have exchanged information
about their marital property, its value on date of separation, and
source of acquisition.
ADVICE OF COUNSEL
The provisions of the Agreement and their legal effect have
been fully explained to the parties by their respeotive counsel,
Robert Lieberman, Esquire, attorney for Wife, and Mary A. Etter
Dissinger, Esquire, attorney for Husband. The parties acknowledge
that they have received independent legal advice from counsel of
their selection and that they tully understand the facts and have
been fully informed as to their legal rights and obligations and
they acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered
into freely and voluntarily, after having received such advice and
with such knowledge, and the parties acknowledge that execution of
this Agreement is not the result of any duress or undue influence
and that it is not the result of <lny collufllon or improper or
I i llega I agreement or agreements.
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! has
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In addition, eaoh
been fully advised
party hereto acknowledgos that he
by his or her respective attorney
or she
of the
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impact of the Pennsylvania Divorce code of 1980, 2J P.S. section
101 n. Jilill., whereby the court has the right and duty to
determine all marital rights of the parties including divorce,
alimony, alimony pendente lite, equitable distribution oC all
marital property or property owned or possessed individually by
the other, counsel fees and costs of litigation ~nd, tully knowing
the same and being fully advised of his or her rights thereunder,
each party still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and
equitable to each of the parties, and waives his or her respective
I right to haVe the court of common ~leas of Cumberland county, or
any other court of competent jurisdiction, make any determination
or order affecting the respective parties' rights to a divorce,
alimony, alimony pendente lite, equitable distribution of all
marital property, counsel fees and costs of litigation, or any
other rights arising from the parties' marriage.
8. REAL ESTATE
Husband is the record title holder of re~l estate located at
Walton street in Lemoyne, Pennsylvani~, ~nd property located in
Ft. Myers, Florida. Wife relinquishes all her right, title, and
interest in and to said properties and aqrees that If in the
future any subsequent buyer or purchaser or successor in title
requires her joinder in a deed, for any re~son, that she sh~ll so
execute one without consideration for her execution of that deed.
Husband shall hold wife harmless on the balances outstandinq on
the mortgage on Walton street and on the mortgaqe outstandinq on
the Ft. Myers, Florida property. While wiCe has never executed
the mortgage on the Walton street property and her name does not
appear on that document, Husband represents and Wilrrants to WiCe
that he shall hold her harmless for that obligation. WiCe did not
sign the mortgage on the Ft. Myers, Florida property, but she did
sign a rider which was attached to that mOl.tqaqe ~nd HUflbal1tl
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agrees that for all purposes he shall hold WiCe harmless and free
from any obligation on that mortgage or any obligation which might
be oreated by that rider.
P. PAYMENT TO WIFE
Husband agrees to pay to Wile the sum of $4),000.00 in
exchange for Wife's relinquishment of all her right, title, and
interest in and to both parcels of real estate, and in full
I satisfaction of all personal property claims of Wife, and her
wi thdrawal of her claims for alimony, alimony pendente 11 te,
counsel fees, expenses and costs. The parties represent and
acknowledge that this payment constitutes a Cair and just
equitable distribution to Husband and \~ife. Upon execution of
this Agreement and Wife complying with the conditions set forth in
Paragraph No. 1 above, Husband sha 11 pay to Wife the sum of
$43,000.00 as Bet fOl"th above by delivering Baid check to her
counBel, Robert D. I,ieberman.
HUBband Bhall aBBign to Wife all hiB right to receive
mortgage payments on account of the mortgage due and owing to
Husband and Wife by the Skrupskys. upon execution of this
Agreement, Husband Bha 11 sign and deliver to wi fe' B counBel, a
letter addressed to the Skrupskys directing them to make all
future payments to Wife individually. Upon entry of a final
deoree in divorce, Wife Bhall receive all mortgage paymentB that
have been eBcrowed by Order of court dated April 24, 1996. This
Agreement shall constitute the authority for Attorney Robert B.
Liebsrman to pay thoBe funds out ot escrow to Wife upon entry of
a final decree in divorce. It Wife requires any further
documentation to accompl ish this objectivo, HUBband agreeB to
execute any documentB wife submitB to him to l.!ffect this Agreement
if thiB document iB not sufficient.
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10. MOTOR VEHICLES
with respect to the motor vehicles owned by the parties, they
agree the 1989 Oldsmobile cutlass supreme, shall becoma the sole
and exclusive property of Wife. The title to the silid motor
vehicle shall be executed by the parties, if appropriate for
effecting transfer as herein provided, on the date of execution of
this Agreement.
11. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property inclUding, but
without limitation, jewelry, clothes, furniture, furnishings,
rugs, carpets, household equipment ilnd appliances, pictures,
books, works of art, financial accounts, and othel" personal
property and hereafter Wife agrees that all of the property in the
possession of Husband shall be the sole and separate property 01
Husband, and Husband agrees that all of the property in tho
possession of Wife shall be the sole and separate property 01
Wife. Each waives any claim they may have to the pension,
retirement and/or profit sharing plan of the other. 1~e parties
do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect
to the above items which shall become the sole and sepilrate
property of each other.
12. TIME SHARES
The parties are owners of two time shares. 1'he parties shall
transfer the Windjammer Time Share to Wife ilnd the Sanctcastle Time
Share to Husband. The part ies shall cooperate with each other and
execute the appropriate forms for the transfor [0 the time shares
to the appropriate party.
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I 13. LIABILITY NOT LISTED
!i Each party represents and warrants to the other that he or
I she has not incurred any debt, obligation, or other liability,
lather than those described in this Agreement for which the party
is or may be liable. A liability not disclosed in this Agreement
will be the sole responsibility o( the party who has incurred or
may hereafter incur it, and each party agrees to pay it as the
I'same shall become due, and to indemnify and hold the other party
and his or her property harmless from any and all such debts,
I obligations and liabilities.
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i 14. ALIMONY
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The parties acknowledge that inflation may increase or
decrease, their respective incomes, that either may be employed or
unemployed at various times in the future, that their respective
assets may substantially increase or decruase in value, and that
notwithstanding these or other economic circumstances, the parties
acknowledge this Agreement is fair. Husband and Wife each hereby
expressly waives, discharges and releases any and all rights and
claims which each may have now or hereufter have, by reason of the
parties' marriage, to alimony, alimony pendente lite, support or
maintenance and acknow ledges that th is Aqreement canst! tutes il
final determination (or all time of Wife's obligation to
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contr ibute to the support and ma intelHlnce 01 Husbal1l1 and Husbilnd' s
obligation to contribute to the support and maintenance o( Wife.
I Wife agrees to discontinue her ill:t!on fOl" illimony, alimony
pendente lite, counsel fees, expenses ilnd costo ilnd agrees not to
file any future actions (or alimony, alimony pendente lite,
oounsel fees, expellse, costs, support (lnd/or millntenance. \~ife
I and Husband each acknowledge this Agreement constitutes a linal
!determinat!oll for all time of Husband's obli<Jiltion to contdbute
j,to the support and maintenanco 01 \~i1e, ilIld \~i1e's obligation to
Ilcontr i1ll1te to the support ilnd ma intoni\nce at Husband.
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15. TAX RETURNS AND AUDITS
Husband and Wife represent that all federal, state and local
tax returns required to be filed by Husband and Wife have been
filed, and all federal, state and local taxes required to be paid
with respect to the periods covered by such returns are paid.
Husband and Wife further represent there are no tax deficiencies
proposed or assessed against Husband and/or IHfe for such periOdS,
and neither Husband nor Wife executed any waiver of the statute of
Limitations on the assessment or collection of any tax for such
periods.
In the event a deficiency or penalty is assessed, to the
extent that it involves Husband's business expense deductions, he
shall hold wife harmless for the full amount assessed as a result
of any errors in his business expense deductions. However, to the
extent that any penalty or tax deficiency is assessed for any
other purpose, the parties shall divide and pay the total tax
liability and penalty, (not the amount of the increase in tax) in
proportion to their gross incomes. In other words, if Husband
earned 80% of the gross income in the tax year in question, he
would pay 80% of the tax liability and penalties for that year if
it pertained to non-deduction items. Wife would be obligated to
pay 20% of the tax and penalty if she earned 201 of the gross
income for the year in issue.
16. TAXES FOR YEAR OF AND AFTER SEPARATION
Husband agrees to be liable and obligated and shall timely
pay and hold \~ife and her property harmless from any liability of
Husband for federal income tax (including penalties and interest)
as shown on his separate United litates individual income tax
return for the tax year 1995 and all tax years thereafter.
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wife agrees to be liable and obligated and shall timely pay
and hold Husband and his property harmless from any liability ot
Wife for federal income tax (inClUding penalties and interest) as
shown on her separate United states individual income tax return
for the tax year 1995 and all tax years thereafter.
Husband shall pay the taxes attributable to the interest
income received on the mortgage for January, February and March,
1996, which amounts to a total interest income to him of $BI6.11.
Wife shall claim and file on her tax returns the interest on all
other mortgage payments.
17. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any cia im or right ot the other, a 11 i terns of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the Bame
as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
18. LEGAL FEES
Each party will be responsible for their respective counsel
fees and costs involved in this action.
19. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
Husband and Wife agree and hereby do release and renounce any
claim they may have against the other party lor spousal support,
alimony, alimony pendente lite, support, maintenance, and counsel
fees, expenses and costs. Wife sh" 1 I upon el<Ccllt i on 01 thi B
Agreement deliver to lIusband' s counBe I " I'nlOclpe signed by her
counsel withdrawing any and all claims she has liled for spousal
support, alimony, a limony pendente 1 ite I caunse 1 Ices, expunses
and costs.
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20. WARRANTY AS TO EXISTING OBLIGATION
Each party represents that he or she IHIS not heretoforc
ilincurred or contracted any debt or 11abil ity or obliqation for
I which the estate of the other party may be responsible or liable
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I except as may be provided in this Aqreement. Each party agrees to
I indemnifY or hold the other party harmless from and against any
I and all such debts, liabilities or obligations of every kind which
i may have heretofore been incurred by them including those for
I necessities except for the obligations arisinq out of this
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!IAgreement.
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WARRANTY AS TO FUTURE OBLIGATIONS
Except as set forth in this Aqreement, Husband and Wife each
represents and warrants to the other that he or she has not in the
past or will not at any time in the future incur or contract any
debt, charge or liability for which the other's legal
representatives, property or estilte IMY be responsible, Each
hereby agrees to indemnify, save and hold the other ilnd his or her
property harmless from any 1 iabi 1 i ty, loss, cost or expensc
I whatsoever incurred in the event of breach hereof.
22. PROPERTY RELEASE
It is the intention of Husband ilnd Wife to give to each other
by the execution of this Agreement a full, complete and general
I release with respect to ilny and all property of ilny kind or
nature, real, persona 1 or mi xed wh i ch the other now owns or milY
hereafter acquire, except and only except illl riqhts and
I agreements and ob11giltions of whatsoever nature arising or which
i may arise under this Aqreement or for the breilch of ilny provision
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10f this Agreement. All property hereunder is transferred subject
i to all existing encumbrances and liens thereof, The transferee 01
I such property aljrees to indemnify and save harmless the other
I party from any claim or llability thilt such other pilrty may sulfer
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I or may be required to pay on account of such eneUmbr<1tlCeS or
i liens. Such party will, at his or her solo expenuo, dofend tI\('
I other against any such claim, whether or nut well founded, ilnd Iw
; or she will indemnify and hold harmless the otllUr party In nwped
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I to all damages resulting therefrom. The insurance on the proporty
i being transferred hereundel' is assigned to the I'ilrty reeelvinlj
I such property, and the premiums on such insurance shill 1 be pa id by
the party to whom the insurance is assigned. Uy this Aljreement tho
parties have intended to effect an equitable distribution of their
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II assets. The parties have determined thilt the division ot said
property contorms to the criteria set lorth in !iJ'iU) gl. fiJill' ol
I the Pennsylvania Divorce code taking into eonslderation the lenljth
'of marriage; the tact that it is the l irnt 111<IlTiillle lor Husband
and Wife; the age, health, stiltion, amount and flourees of ineome,
vocational skills, employability, estilte, liabilities and needs 01
i each of the parties; the contribution 01 e,lch p.ll'ty to the
education, training or increased earning power of the party; tho
opportuni ty of each party for future i\l;qu I s it i ona at capi till
assets and income; the sources 01 ineome of both pilrties,
inclUding but not limited to medicill, retirement, insurance ai'
I other benefits; the contributions or disslpiltion of each party in
the acquisition, preservation, depreciiltlon or nppreclatlon of the
marital property, including the contribution 01 each spouse ilf,
homemaker; the value of the property set apart to eaeh party; the
standard of living ot the pilrties established during the morriillje;
and the economic circumstances 01 eaell p.ll'ty ilt the t I ml' the
division of property Is to became eltedivl', TI\(' division ol
existing marital property is not Intellllml by the parties to
I constitute in any way il sale or exchange 01 ilSlll'tS, ond till'
division is being etfeded without the Int.roduet.lon 01 outside
funds or other property not constituting 0 port of the matrlmoni.ll
I estate. 'l'he division of property under this Aljreement Shill) Ilo In
full satisfaction of all maritill r\llhts of tho IJilrt!os.
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123. MUTUAL RELEASES
I Ilusband and Wife each do hereby mutually remise, release,
I quitclaim and forever discharge the other and the estate of such
lather, for all time to come, and for all purposes whatsoever, of
I and from any and all rights, title and interest or claims in or
I against the property (inClUding income and gain from property
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hereafter accruing) of the other or against the estate of such
'other, of whatever nature and wheresoever situate, which he or she
now has or at any time hereafter may have against such other, the
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Ilestate of such other or any part thereof, whether arising out of
I. any former acts, contracts, engagements or liablli ties ot such
lather or by law of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, fnmily exemption
or similar allowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate In n deceased spouse's estate,
whether arising under the laws ot Pennsylvania, any other state,
Commonwealth or territory of the united states, or ilny other
country, or any rights which either pilrty milY hilve or ilt any time
hereafter have for past, present or future support or maintenilnce,
alimony, a limony pendente 11 te, counse 1 fees, equ I table
distribution, costs or expenses, whether arising as a result 01
the marital relation or otherwise, except, and only except, all
rights and agreements and obligations of whatsoever nature arising
under this Agreement or for the breach of ilny provision ot this
(greement.
24. PERSONAL RIGHTS
Wife and Husband shall at all times herenlter live sepnrate
and apart. Each shall be free from any control, restraint,
interference or authority, direct or indirect, by the other In all
respects as fully as If he or she were unmilrrletl. Each may illeo
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reside at such place or placos as he or she may select. Each may,
for his or her separate use or benef it, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem adv isable. Wire anu Husbanu sha 11 not
molest, harass, or malign each other or the respective families of
each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with him or her.
Each party hereto releases the other from all claims, liabilities,
debts, obligations, actions and causes of action of every kind
I that have been or will be incurred relating to or arising from the
marriage between the parties, except that neither party Is
relievnd or discharged from any obligation under this Agreement.
Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned by or hereafter acquired by
the other.
25. GENERAL PROVISIONS
This Agreement shall be effective from and after the time of
its execution.
26. WAIVER OR MODIFICATION TO DE IN WRITING
No modification, recision, amendment or waiver of any of the
terms hereof shall be valid unless in writing and signed by both
parties and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or
similar nature, Any ora I representat Ions or mod if icatlon6
concerning this instrument shall be of no force or effect
excepting a subsequent modiriention in wr!tinCj, signed by tho
party to be charged.
27. MUTUAL COOPERATION
Each party shall on demand execute and deliver to the other
I party any deeds, bills of saID, lIssignments, consonts to chanCje ot
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benefioiaries of insurance policies, tax returns, and other
doouments, and shall do or cause to be done every other act or
thing that may boa necessary or desirable to ef[ectuato the
provisions and purposes of this Ayreement. If either party
unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and
other expenses reasonably incurred as a result of such failure.
1128.
LAW OF PENNSYLVANIA APPLIOABLE
it shall be
laws of the
This Agreement and all acts contemplated by
construed and enforced in accordance wi th the
Commonwealth of Pennsylvania.
29. AGREEMENT DINDING ON HEIRS
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, locjal representiltives, assigns and
successors in any interest of the parties.
30. INTEGRATION
This Agreement constitutes the
parties and supersedes any and
negotiations between them. 1~ere are
those expressly set forth herein.
entire understanding of the
all prior agreements and
no representations other than
31. ENTIRE AGREEMENT
Each party acknowledCjee thilt ho or she hilS carefully read
this ACjreement, inclUding ill I Bchodulos .Ind other documents to
,which it reCersl that he or she has discussed Its provisions with
I his or her own attorney, and has exocuted it voluntarily and in
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reliance upon his or her own attorney 1 and that this instrument
expresses the entire agreement between the parties concerning the
subjeots it purports to cover.
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32. OTHER DOCUMENTATION
Wife and Husband ccvenant and agree that they will forthwith
(and within ten (10) days after demand therefor) execute any and
all written instruments, aseignments, releases, satisfactions,
deeds, notes or SlJch other writings as may be necessary or
I desirable for the proper effectuation of this Agreement.
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I 33. SEVERABILITY
If any term, condition, olause 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 torce, effect
and operation. Likewise, the failure of any party to meet her or
I his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction 01 the conditions
precedent, shall In no way void or alter the remaining obligations
of the parties. If any provision of this Agreement Is held to be
void or unenforceable, all of the other provisions hereof shall
nevertheless continue in full force and effect.
34. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and
subparagraphs hereof are inserted solely lor the convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
EXECUTED in triplicate
written.
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ahove
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PHILIP MCCRACKEN, JR.,
Plaintiff
I IN THE COURT 01' coMMON PLEAS
I 01' CUMBERLAND COUN1'V
I 01' PENNSYINANIA
I
I CIVIL AC'l'loN
I NO. 95-7374 civl I Term
I IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following Information,
to the Court for entry of a divorce decree:
1. Ground for divorce:
3301(c) of the Divorce code.
irretrievable breakdown under S
2. Date and manner of service of the Complaint: December
29, 1995, by United states mail, certified, restricted mill I,
return receipt requested.
Affidavit of Consent required
by Plaintltt on ,July 2, 199B;
J. Date of execution of the
by S 3301(c) of the Divorce Codel
by Defendant on July 2, 199B.
4. Related claims pendingl None.
5. Date Plaintiff's
3301 (c) Divorce were
7,b~/qrr
and Defendant's Waivers of Notice In S
f I led with the Prothonotary:
Respectfully submitted,
Date: 7/:1.3/r 3
~M~~l~ni~t.,:sqUl i:e
Dissinger & Dissinger
Attorney for Plaintlll
28 N. 'I'hirty-Hecond Iltreot
Camp lillI, PA l7011
(717) 97!i-21140
CCI Robert D. Lieberman, Esquire
Philip 1'. Mccracken, Jr.
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PHILIP MCCRACKEN, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION
NO. q,r- ?J'l</ CIl"'( '-rrU1/1
IN DIVORCE
VB.
PATRICIA A. MCCRACKEN,
Defendant
NOT I C fl
T 0
o fl F fl N D
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a 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 requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary atl
Office of the Prothonotary
cumberland county Court House
1 Courthouse Square
carlisle, Pennsylvania 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES Oil EXPENSES nEFollE A DIVOIlCE Oil ANNULMENT IS
GRANTED, YOU MAV LOSE TilE IUGIIT '1'0 CLAIM ANY OF THEM.
YOU SIIOULIl 1'AKE TllIfJ PAI'EIl TO YOUIl LAWYEIl A'I' ONCE, IF YOU DO
NOT HAVE A LAWVEIl Oil CANNOT AFFORD ONE, GO '1'0 Oil 1'ELEPIIONE TilE
oFFICE 8E1' FOll'rI\ BELOW TO FIND OU'I' WIIEIlE YOU CAN OE1' LEGAL IIELP.
court Administrator
Cumberland county Court House
Fourth Floor
I Courthouse Squaro
Carlllllo, I'onnsylvilnla \'Ion-n07
('/17) 24()-(,200
, "
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PHILIP MCCRACKEN, JR.,
plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs.
PATRICIA A. MCCRACKEN,
Defendant
CIVIL ACTION
NO.
I IN DIVORCE
NOTIOE or RIGHT TO OOUNSELING
You are one of the parties in the above captioned action in
divorce. By virtue of Section 202 of the Pennsylvania Divorce Code,
it is a duty of the court to advise both parties of the
availability of counseling and upon request of either provide both
parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
couneelors is available in the office of the Prothonotary at:
Office of the Prothonotary
Cumberland county Court Ilouse
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Prothonotary
PHILIP MCCRACKEN, JR.,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION
NO. ?t. '/.3'1'1 (''''I ( 7i~'''1
IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
COMPLAINT IN DIVORCE
DUE TO IRRETRIEVABLE BREAKDOWN
1. Plaintiff is Philip Mccracken,
residing at 346 Walton street,
Pennsylvania.
Jr., a citizen of Pennsylvania,
Lemoyne, cumberland county,
2. Defendant
residing at
Pennsylvania,
is patricia A. Mccracken, a citizen of Pennsylvania,
346 Walton street, Lemoyne, Cumberland county,
3. Plaintiff and Defendant are ftlli j~ and have been bonafide
residents of the Commonwealth of Pennsylvania for at least six
months immediately preceding the filing of this complaint.
4. The parties are husband and wife and were lawfully married on
April 10, 1986, in Dauphin county, Pennsylvania.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant is in the military or naval
service of the United States or its allies within the provisions of
the Soldiers' & Sailors' civil Relief Act of the congress of 1940
and its amendments.
7. There has
instituted by
juriSdiction.
been no prior
ei ther of the
act ion for divorce or annulment
parties in this or any other
. . . ,
, .
8, After ninety (90) days have elapsed from the date of the
filing of this complaint, Plaintiff intends to file an affidavit
oonsenting to a divorce. Plaintiff believes that Defendant may also
file suoh an affidavit.
9. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this complaint,
Plaintiff respectfully requests the court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
Respectfully submitted,
." J ,I
\ -nr ......._. ( (C./""(,,,, A--..
Rary A .'/ Etter Dis~inger; "Esquire
Attorney for Plaintiff
20 N. Thirty-Second Street
camp Hill, PA 17011
(717) 975-2840
VERIFICATION
Jr., verifY that the statements made in
that false
18 Pa. C.S.
.
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PHILIP MCCRACKEN, JR.,
Plaintiff
I IN THE COURT OF CoMMON PLEAS
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
I
I CIVIL ACTION
I NO. 95-7374 civil Term
I IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
AfrIDAVIT or COHSBNT
1. A complaint in divorce under 5 3301(C) of the Divorce Code
was filed on December 29, 1995",~J Vt'\.iJt),~~/~1')l~~"
t' "
2. The marriage of plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final decree of divorce after
service of the notioe of intention to request entry of the decree.
I verify that the statements made in this affidavit are true
and correot. I understand that false statements herein are made
subjeot to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
Datel
ff
, '
,
PHILIP MCCRACKEN, JR.,
Plaintiff
I IN 'I'IIE COUR'I' OF COMMON PLEAS
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
I
I CIVIL ACTION
I NO. 95-7374 civil Term
I IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
AFFIDAVIT OF CONSENT
1.
A complaint in divorce under 5 3301(C)
filed on December 29, 199511(\cl. Sec'" cl
of the Divorce
I;)U.. .3.f I (tlr
01' ~~ 7 .1i .
Code
was
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final deoree of divoroe after
service of the notice of intention to request entry of the deoree.
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. 54904 relating to unsworn
falsification to authorities.
Date: 7-:1.- 91
iitffi~~ ,(l '!!ffku)~/I'
Patr c a A. McCrae en, Defendant
PHILIP MCCRACKEN, JR.,
plaintiff
I IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs.
CIVIL ACTION
NO. 95-7374 civil Term
IN DIVORCE
PATRICIA A. MCCRACKEN,
Defendant
WAIVIR or NOTIOI or INTINTION TO REQUEST
INTRY or A DIVOROI DICREE UNDER
53301(0) or THI DIVORCB CODE
1. I consent to the entry of a final Decree in Divorce
without notice.
2. I understand that I may lose rights concerning alimony,
alimony pendente lite, marital property or counsel fees 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. 54904 relating to unsworn
falsification to authorities.
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phyi.p'F. ~. Jr., Plaintiff
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Dated I
PHILIP MCCRACKEN, JR.,
plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs.
CIVIL ACTION
NO. 95-7374 civil Term
IN DIVORCE
PATRICIA A. MCCRACKEN,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce
without notice.
2. I understand that I may lose rights concerning alimony,
alimony pendente lite, marital property or counsel fees if I do
not claim them before a divorce is granted.
3. I understand that I wi 11 not be di vorced 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 falss statements herein are made
subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
Dated:
7. oil, ,t
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Defendant
PHILIP MCCRACKEN, JR.,
Plaintiff
VB.
PATRICIA A. MCCRACKEN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION
NO. 95-7374 civil Term
IN DIVORCE
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA
BB
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COUNTY OF Cltf/nJeA ~,)
Mary A. Etter Dissinger, Esquire, the attorney for Plaintiff,
being duly sworn according to law, says that she mailed by
certified, restricted mail, return receipt requested, a true and
correct copy of the Plaintiff's complaint in Divorce in this
action to the Defendftnt at her residence, and that Defendant did
receive same as evidenced by the signed receipt attached hereto as
Exhibit "A".
~(\~
Mary A. tter D ss n er
Attorney for Plaintiff
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
sworn to and subscribed
bofote! me this ;J!i!!day
of rdtll' III ' 1996.
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PHILIP MCCRACKEN, JR., I IN THE COURT OF COMMON PLEAS
Plaintiff I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
vs. I
I CIVIL ACTION
PATRICIA A. MCCRACKEN, I NO. 1995-7374
Defendant I IN DIVORCE
ORDER OF COURT
AND NOW this 2~ f{ day of ~~, ~&)=}; , 1996, a
hearing on the witfiTiliietition for ExcluB ve ossession of the
marital Residence is. scheduled for rtll ,.), I" ( J- , the
~ day of (ltJlc(,', , 1996, at /'::I,~- o'clock
~.m. in Court R'oom Number'l- of the Cumberlan county Court
House.
By the court,
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PHILIP MCCRACKEN, JR.,
Plaintiff
I IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
vs.
PATRICIA A. MCCRACKEN,
Defendant
CIVIL ACTION
NO. 1995-7374
IN DIVORCE
BMBRGBNOY PBTITION FOR SPBOIAL RBLIBF SBBKING
BXOLUSIVB POSSBSSION OF THB MARITAL RBSIDBNOB
AND NOW comes Phi lip McCracken, Jr., by and through his
attorneys, Dissinger & Dissinger, who respectfully request the
Court for Special Relief and avers as follows:
1. The Petitioner herein is Philip Mccracken, Jr. the Plaintiff
in the divorce action, who resides at 346 Walton street, Lemoyne,
Cumberland county, Pennsylvania.
2. The Respondent is patricia A. McCracken, the Defendant in the
divorce action, who resides at 346 Walton street, Lemoyne,
Cumberland county, Pennsylvania.
3. A Complaint in Divorce was filed on December 30, 1995, in
Cumberland county, to docket number 95-7374.
4. The Complaint in Divorce waB served to Respondent by first
class united States mail on December 30, 1995.
5. Before the filing of the Complaint in Divorce, the Respondent
maintained her solo separate bedroom off and on in the parties'
residence for ftpproximately four yoars.
6. The
extended
Divorce.
pftrties have not acted as
period of time preceding the
Husband and Wife for an
filing of the Complaint in
7. prior to the
Respondent, one or
Petitioner's bedroom,
the Petitioner.
complaint in Divorce being filed, the
two times per week, would enter the
ccawl into the king-sized bed without waking
8. The only way Petitioner knew that the Respondent was in his
bed was if he got awake during the night and saw her there.
9. since the complaint in Divorce has been filed, the Respondent
has frequently come into the Petitioner's bedroom and slept in his
bed, in contravention of their prior custom.
10. Because the Respondent was attempting to sleep with
Petitioner on a more frequent basis and disturbed his sleep, the
Petitioner has had to retreat to his son's bedroom within the
parties' residence.
11. The Petitioner's son's bed is a single bed, and the
Petitioner has slept in that single bed on a more regular basis
since the Respondent attempted to pretend and stated to the
Petitioner that they were "sleeping together."
12. Petitioner was asked by Respondent, since her new conduct
commenced, "Does your stupid lawyer know we're sleeping together?"
13. When the Petitioner's son came home for a recent visit, the
Petitioner, because he was unwilling to have the Respondent sleep
with him and harass him, slept in the basement on a chaise lounge.
14. Since the complaint in Divorce has been filed, the Respondent
has become abusive verbally to the Petitioner.
15. The Rospondent has accused the Petitioner of "playing around,
cheating on her for 18 years, taking everything I have over had
from me."
16. These
Petitioner
accusations,
tremendously.
besides
being
untrue,
disturb
the
17. When the Petitioner leaves the house, the Respondent says
words including, "I guess you won't be back for hours II and she
engages in screaming and shouting obscenities to the Petitioner as
he leaves the house.
18. As recently as February 24 or 25, 1996, the Respondent
screamed out of the side door of the house to the Petitioner as he
was leaving the residence to go to the post office and cursed at
him.
19. The public display of obscenity and profanity by Respondent
toward the petitioner causes Petitioner tremendous upset and
anxiety.
20. On several occasions since the complaint in Divorce has been
filed, the Respondent has attempted to antagonize the Petitioner,
embarrass him, humiliate him and berate him with allegations of
infidelity and financial mismanagement.
21. The allegations of the Respondent, besides being untrue,
cause the Petitioner tremendous emotional distress, because
Respondent contributes none of her income toward household
expenses.
22. since the complaint in Divorce was filed and the Respondent
began her course of harassing conduct toward the Petitioner,
Petitioner has been unable to sleop normally.
23. since the Respondent began hor course of harassment of the
Petitioner, Petitioner was waking every couple of hours throughout
the night because of the emotional distress she cauBed him.
24. On February 20, 1996, Petitioner viBited his internist, Dr.
stanley Goldman, for purposes of alleviating the stress brought on
him by Respondent's conduct.
25. On February 20, 1996, Dr. Stanley Goldman prescribed a
sleeping pill for the Petitioner, which Petitioner has taken in
accordance with the prescription and has been able to sleep at
night.
26. The Petitioner's son's birthday is March 3, 1996.
27. Because the Petitioner was not going to be able to spend
March 3, 1996, with his son, on February 24, 1996, he left the
Respondent a note telling her he was going to be driving to
Virginia, where his son resides, for purposes of having a visit
with his son that day.
28. The Petitioner did not roturn home until approximately 2:30
A.M. on February 25, 1996, from his visit to his son in Virginia.
29. Upon his return, the Respondent was waiting for Petitioner
and immediately began berating him and accusing him of having been
out "whoring."
30. As happens when tho Respondent loses control, she screams,
yells, and humiliates and berates the Petitioner.
31. The Respondent's conduct in the early hours of the morning on
February 25, 1996, were the sarno ftS has been her custom since the
complaint in Divorce was filed.
32. When the Respondent launches into this kind of behavior, the
Petitioner sits quietlY hoping that by saying nothing, the
Respondent will tire and quit her tlrade.
33. When the Petitioner tireB of the abuee and the Respondent has
not let up in her tirade, the Petitioner says a few words hoping
to defuse the argument but in most cases, including on the 25th,
it only results in the Rospondent becoming more verbally abusive.
34. While tho Petitioner sits quietly and attemptB to endure the
Respondent's verbal abuse, he can feel his blood pressure rising
and his temper rising ae well.
35. The Petitioner had a triple bypass on July 13, 1995.
36. The Petitioner has been instructed, since July of 1995, to
avoid all stress.
37. From the standpoint of health, it is not good for the
Petitioner to experience rises in blood pressure or stress.
38. The Petitioner is currently on heart medication, specifically
beta blockers, which is a cardioprotective drug.
39. The Petitioner and his physician, Dr. stanley Goldman, are
concerned that the stress caused by the explosions of the
Respondent toward the Petitioner without cause will be detrimental
in the immediate future to the Petitioner's health.
40. The Petitioner is the sole owner of the roal estate in which
the parties roside, having inherited that property from his
mother.
41. The Petitioner, through his counsel, hae offered directly to
the Respondont Ilnd to hor counsel, to pay a reasonable sum for the
Respondent's first month's rent and the security deposit for any
place she chooses to take up residence.
42. Before the Petitioner filed this divorce action, Respondent
had made it clear to him that she had already found an apartment
and intended to move into it.
43. The Respondent even told the Petitioner the amount of the
rent.
44. since the complaint in Divorce has been filed, the Respondent
has moved property out of the marital residence.
45. The ReBpondent is gainfully employed and can support herself.
WHEREFORE, the Petitioner respectfully requeBts that the
court direct the Defendant to remove herself from the marital
residence.
Respectfully submitted,
'-J;;...... i C; ,"~1 k::. .~. ~--
Mary A. Etter Dissinger, Esquire
Attorney for Petitioner
28 N. Thirty-Second street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, Philip Mccracken, Jr., verify that the statements made in
the Petition for special Relief are true and correct. I understand
that false statements herein are made subject to the penalties of
18 Pa. C.S. 54904 relating to
f7A?~~:~~/
P 1 P McCrae en, Jr., Pla nt ff
PllILIP MCCRACKEN, JR.,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION
NO. 1995-7374
IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
OERTIFICATE OF 8ERYIQI
I, Mary A. Etter Dissinger, EBquire, hereby csrtifY that on
the date set forth below I s~rved a true and correot copy of the
foregoing dooument upon the attorney for the Respondent, by First
Class United States Mail, addressed as folloWBI
Robert Lieberman, Esq.
300 North Second Street
P.O. Box 981
Harrisburg, PA 17108-0981
Date I ').~J-:r"" ife.
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Mary A/ Etter Diss nger
Dissinger , Dissinger
Attorney for Petitioner
28 N. Thirty-second street
Camp Hill, PA 17011
(717) 975-2840
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PHILIP McCRACKEN, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
I
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I
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NO. 95-7374 CIVIL TERM
PATRICIA A. McCRACKEN,
Defendant
ORDER OF COURT
AND NOW, this u. II. day of March, 19961 upon agreement of
counsel, the hearing previously scheduled for April lB, 1996,
is RESCHEDULED to Wednesday I April 241 1996, at 9100 a.m., in
Courtroom No.5, cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
('./i
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J. Wesley Oler,
Mary A. Etter Dissinger, EB .
2B N. Thirty-Second Street
Camp Hill, PA 17011
Attorney for Plaintiff
Robert B. Lieberman, Esq.
300 North Second Street
P.O. Box 981
Harrisburgl PA l7l0B-09Bl
Attorney for Defendant
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PHILIP McCRACKEN 1 JR.,
Plaint ff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I
I 95-7374 CIVIL TERM
v.
PATRICIA A. McCRACKEN,
Defendant
ORDER OF COURT
AND NOW, this 24th day of April, 1996, upon
consideration of the Plaintiff's Emergency Petition for special
Relief Seeking ExcluBive Possession of the Marital Residence,
and pursuant to an agreement reached in open court among the
parties and their respective counsel, it is ORDERED and DIRECTED
as follows I
1. Philip McCracken, Jr., is awarded exclusive
possession of the marital residence, effective at midnight on
Hay 5th, 1996.
2. By agreement of the parties, a list of
property that Mrs. McCracken is to remove by midnight, May 5,
1996, constitutes property that the parties agree will be
removed by that time. That list is dated April 14th and signed
by both parties and is not considered by either party to be an
inclusive list of all property that Mrs. McCracken will be
entitled to under equitable distribution. It is to be
considered only a partial distribution of personal property.
3. Philip McCracken, Jr., has signed over this
date three checks representing mortgage payments to the parties
by the Skarupskys in the amount of $386.01 each in exchange for
Mrs. McCracken's agreement to vacate the marital residence. The
Skarupskys will be sending three additional mortgage checks to
Mr. McCracken at his residence. Mr. McCracken is directed to
sign those checks and mail them directly to Mrs. McCracken at an
addresB she will provide to him on May 5, 1996. The three
checks to be forwarded to MrB. McCracken will represent the May,
June, and July mortgage payments from ths Skarupskys to the
McCrackens. Checks after that will be sent by the Skarupskys to
Mr. Lieberman, counsel for the Defendant, and the checks will be
payable to Robert Liebsrman, attorney for Patricia McCracken.
Mr. Lieberman shall escrow those checks and hold those checks in
escrow until an agreement of the parties is reached as to their
disposition or until an Order of Court is entered addressing
disposition of those funds. To expedite the transfer of funds
from the Skarupskys to Mr. Lieberman for the August and
subsequent mortgage payments, Mr. Lieberman and Mrs. Dissinger,
counsel for Philip Mccracken, Jr., shall send a joint letter to
the Skarupskys instructing them that their checks for the August
mortgage payment and subsequent payments shall be made payable
to Mr. Lieberman, attorney for Patricia McCracken, and mailed to
him at his professional office.
By the court,
MARY A. ETTER DISSINGER,
28 N. 32nd street
Camp Hill, PA 17011
For the Plaintiff
ROBERT LIEBERMAN, ESQUIRE
300 North Second Street
P.O. Box 981
Harriabur9, PA 17108-0981
For the Defendant
wcy
ESQUIRE
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PHILIP MCCRACKIN, JR.,
IN THI COURT or COIOlON PLIAB or
CUKBIRLAND COUNTY, PINNBYLVANIA
CIVIL ACTION . LAW
NO. 95-7374 CIVIL
IN DIVORCI
Plaintiff
v.
PATRICIA A. MCCRACKIN,
Defendent
ORDIIl or COURT
AND NOW, this ~ day of Oct\lbOI", 1996
attached petition for Alimony Pendente Lite and/or counsel
that the parties and
Oct\lber 30, 1996
, upon consideration of the
directed
fees, it is hereby
R.J. Shadday
on
their respective counsel appear before
9100 a.m,
at
for a conference, after which the conference officer may recommend that an order for
Alimony Pendente Lite be entered,
You are further ordered to bring to the conference.
(1) a true copy of your most recent Federal Tax Return, including W-2's as filed
(2) your pay stubs for the preceeding six (6) months
(3) the Income and Expense Statement attached to this Order, completed as required
by Rule 1910.11(c)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
If you fail to appear for the conference or bring the required documents, the Court
may issue a warrant for your arrest,
BY TilE COURT.
llarQld E. Sheely, President Judge
'... 'I "
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Date of Order Octubcr B 1996 ,.^'.' / , .~,," '. ~\.-I.
Confer , R. J. Shadday " I
YOU HAVE TilE RIGIlT TO A LAWYER, WIlO MAY A'TEND TilE CONFERENCE ~9'PREBENT YOU, IF YOU
.
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIlONE TilE OFFICE BET FORTH BELOW
TO FIND OUT WIlERE YOU MAY GET LEGAL IlELP,
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, pennsylvania 17013
(7171 240-6200
AMERICANS WITIl DISABILITIES ACT OF 1990
The Court of Common Pleas of cumberland County is required by law to complr with the
Americans with Disabilities Act of 1990, For information about acceseible facil ties and
reasonable accommondations available to disabled individuale having business before the
Court, please contect our office, 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.
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PHILIP MCCRACKIN, JR.,
IN THI COURT or CONNON PLIAS or
CUNBIRLlND COUNTY, PINNSYLVANIA
CIVIL ACTION - LAW
NO. 95-7374 CIVIL
IN DIVORCI
PlaintiU
v.
PATRICIA A. MCCRACKIN,
Defendant
PITITION rOR ALIMONY PINOINTI LITI. COONSIL rlls AND IXPINSIB
AND NOW, comes the Defendant, PATRICIA A. MCCRACKEN. by and through her
attorney, ROBERT B, LIEBERMAN, ESQUIRE, and files the within Petition For
Alimony Pendente ~, Counsel Fees and Expenses, and in support thereof
represents as follows,
1, Petitioner is PATRICIA A, MCCRACKEN, an adult individual,
who currently resides et t28 College lIill Road, Enola, cumberland county,
pennsylvania, Petitioner is the Defendant in a divorce action filed to the
above number and term.
2, Respondent is PIIILIP MCCRACKEN, JR., an sdult individual,
who resides at 346 Walton street, Lemoyne, cumberland county, pennsylvania.
Respondent is the Plaintiff in s divorce action filed to the above number and
term.
3. The divorce action requests the Court to enter a Decree in
Divorce pursuant to 83301(c) of the Divorce Code,
4, Petitioner has employed counsel and will incur certain costs
and expenses but is without sufficient assets and income to support herself,
pay her attorney's fees and the costs and sxpensss of this action,
5, Respondent has sufficient income and earning capacity to
support the pstitioner and to pay the Petitioner slimony Dendente li.t.g and her
attorney's feu, costs and expenses of this action.
6. Petitioner rsquests the court to order the Respondent to
suppo~t the Petitioner during the pendency of this action and to pay
Petitioner'l coun181 fees, expenses and the costl of this action, pursuant to
the Divorce Code,
WHBRBFORB, Petitioner requests your Honorable Court to enter an
award of Alimony Dendente li.t.g, interim counlel fees, costs and expenses,
until final hearing and thereupon award such additional counsel Cees, costs
and expenses as deemed appropriate,
Date.
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Robert B. Lieberman, Bsquire
300 N, Second St" Penthouse
P.O. Box 881
Harrisburg, PA 17108-0881
Attorney for Petitioner
'.
VBRIPICATION
I verify that the statements made in the foregoing Petition
are true and correct based upon my personal knowledge,
information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 64904,
relating to unsworn falsification to authorities.
DATED I 9-1" 9~
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Plaintiff
I IN THE COURT OF COMMON PLEAS
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
I
CIVIL ACTION
I NO. 95-7374
IN DIVORCE
vs.
PATRICIA A. MCCRACKEN,
Defendant
I NOT ICE T 0 D E FEN D
I
I You have been sued in court. If you wish to defend against the
I claims set forth in the following pages, you must take prompt
I action. You are warned that if you fail to do BO, the case may
I
I 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 requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland county Court House
1 Courthouse Square
carlisle, Pennsylvania 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE TilE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER A1' ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OU'1' WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberlftnd county Court House
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
II
Ii
il PHILIP MCCRACKEN, JR.,
! i Plaintiff
I IN THE COURT OF COMMON
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
I
I
I
I
PLEAS
!i
Ii VII.
Ii PATRICIA A. MCCRACKEN,
ii Defendant
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ii You are one of the parties in the above captioned action in
ii
Ii divorce. By virtue of Section 202 of the PennBylvania Divorce Code,
Ii it is a duty of the Court to advise both parties of the
II availability of counseling and upon request of either provide both
Ii parties a list of qualified professionals who provide such
i 1 services.
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CIVIL ACTION
NO. 95-7374
IN DIVORCE
NOTloe or RIGHT TO COUNSELING
Accordingly, if you desire counseling
counselors is available in the Office of the
a list of marriage
Prothonotary at I
Office of the Prothonotary
cumbsrland county court House
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Prothonotary
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II Plaintiff
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Ii 3. Plaintiff and Defendant are .llli1 iurif! and have been bonafide
!! residents of the commonwealth of PennBylvania for at least six
,!
;i months immediately preceding the filing of this complaint.
vs.
I IN TilE CoURT OF COMMON
I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
I
PLEAS
PATRICIA A. MCCRACKEN,
Defendant
CIVIL ACTION
I NO. 95-7374
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
DUE
COUNT I
COMPLAINT IN DIVORCE
TO IRRETRIEVABLE BREAKDOWN
1. Plaintiff is Philip McCracken,
residing at 346 Walton street,
Pennsylvania.
Jr., a citizen of Pennsylvania,
Lemoyne, cumberland county,
2. Defendant is patricia A. McCracken, a citizen of PennBylvania, i
residing at 346 Walton street, Lemoyne, Cumberland county,
Pennsylvania.
: 4. The parties are husband and wife and were lawfully married on
; April 10, 1986, in Dauphin county, Pennsylvania.
I
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant is in the military Dr naval
service of the United statos or its allies within the provisions of
the Soldiers' & Sailors' civil Relief Act of the congress of 1940
and its amendments.
7. There has
instituted by
jurisdiction.
been no prior action for divorce or annulment
either of the parties in this or any other
Ii
After ninety (90) days have elapsed from the date of the
filing of this complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may also
file such an affidavit.
9. Plaintiff has been advised of the availability of couneeling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counBeling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days havo elapsed from the filing of this Complaint,
Plainti ff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT II
Request for a Fault Divorce
Under 3301(a) (6) of the Divorce Code
10. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
11. Defendant has offered such indignities to the Plaintiff, who
is the innocent and injured spouse, as to render Plaintiff's
condition intolerable and life burdensome.
12. This action is not collusive.
13. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
court to require the parties to participate in such counseling.
I
,
,
I WHEREFORE/ plaintiff respectfully requests that the Court
I enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce
I
i Code.
I
1 Respeotfully submitted,
'-"'---'
~r
Mary ~el'-D!_1nger, Esquire
Attorney for Plaintiff
28 N. Thirty-second street
camp Hill, PA 17011
(717) 975-2840
. ,
VERIFICATION
I, Philip Mocraoken, Jr., verify that the statements made in
the Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. c.s.
54904 relating to unsworn falsification. ". J~~ /)
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Ph 1 P ccracken ff
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PHILIP MCCRACKEN, JR., I IN THE COURT OF COMMON PLEAS
Plaintiff I OF CUMBERLAND COUNTY
I OF PENNSYLVANIA
VB. I
I CIVIL ACTION
PATRICIA A. MCCRACKEN, I NO. 95-7374
Defendant I IN DIVORCE
OIRTlrIOATB OF BIRVIOI
I, Mary A. Etter DiBsinger, hereby certify that on the date
Bet forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant, by First ClnBB United
StateB mail addressed as follows:
Robert Lieberman, Esquire
300 North Second street
POBox 981
Harrisburg, PA 17108-0981
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In Ihe Court of COlllmoll11leas of CUJlIlIliRJ.ANIl COUIII)', Ilennsylvallla
UOJlIIl.""IC R~:I,A l'JONS SECTION
) Dockel Number 95-7374 CIVIL
)
) I'ACSES Case Numbcf 839000077
)
) Olbef Slale ID Numbef
PATRICIA A. MCCRACKBN
I'lalmlff
va,
PHILIP J, MCCRACKBN
Defendant
Order
AND NOW to wit, this
MAY 22, 2003
It Is hereby Onlered
thaI:
THB RBQUBST FOR AN ALIMONY PBNDBNTB LITE AWARD IS DISMISSED PURSUANT TO NO
ACTION ON THB MATTER SINCB THB FILING ON SEPTEMBBR 25, 1996.
DHOI HJ shllClclay
BV TilE COURT:
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