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IN THE
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
STATE OF ,!?. PENNA.
Versus
NANCY H. KRICHMAR
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99-3798 CIVIL c
Plaintiff N t t . ..................... ................. I )
Defendant
DECREE IN
DIVORCE
AND NOW . ..............00ve-Aot....3 a 19,f9 . , it is ordered and
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decreed that . . . . . . . . . LARRY. . M.. .KRICHMAR ....................... plaintiff,
...........
and ............NANCY, H,. KRICHMAR ............................ . defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; NONE
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It is,further ,ORDERED. eDO,DECREED. that. the. Marital. Settlement Agreement executed
by and between the parties, dated June 8, 1999, is incorporated by reference into
...............
this Decree for the purposes of enforcement, but shall not be deemed to have
been mrged with this Decree.
By Th co
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Attest: ? J. j
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Prothonotary f
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
LARRY M. KRICHMAR
AND
NANCY H. KRICHMAR
Patricia A. Miles, Esquire
Howett, Kissinger & Miles, P.C.
130 Walnut Street
Harrisburg, PA 17101
717-234-2616
Counsel for Nancy H. Krichmar
LeRoy Smigel, Esquire
Smigel, Anderson & Sacks
2917 North Front Street
Harrisburg, PA 17110
717-234-2401
Counsel for Larry M. Krichmar
,k
TABLE OF CONTENTS
HEA DING PAGE
1. ADVICE OF COUNSEL 2
2. DISCLOSURE OF ASSETS 2
3. PERSONAL RIGHTS 3
4. MUTUAL CONSENT DIVORCE 4
5. EQUITABLE DISTRIBUTION 4
(a) Real Property 4
(b) Furnishings and Personal Property 7
(c) Vehicles 8
(d) Life Insurance 8
(e) Pension and Retirement Benefits 9
(f) Cash Accounts and Investments 10
(g) Miscellaneous Property 10
(h) Property to Wife 10
(i) Property to Husband 11
0) Assumption of Encumbrances 11
(k) Liability Not Listed 12
(1) Indemnification of Wife 12
(m) Indemnification of Husband 12
(n) Warranty as to Future Obligations 12
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TABLE OF CONTENT
(continued)
HEADING PAGE
6. ALIMONY 13
(a) Periodic Payments 13
(b) Tax Consequences 13
(c) Termination Events 13
(d) No Modification 14
7. COUNSEL FEES, COSTS AND EXPENSES 14
8. CHILDREN'S COLLEGE EDUCATION 14
9. WAIVER OF INHERITANCE RIGHTS 14
10. WAIVER OF BENEFICIARY DESIGNATION 15
11. RELEASE OF CLAIMS 15
12. PRESERVATION OF RECORDS 16
13. MODIFICATION 17
14. SEVERABILITY 17
15. BREACH 17
16. WAIVER OF BREACH 17
17. NOTICE 17
18. APPLICABLE LAW 18
19. DATE OF EXECUTION 18
20. EFFECTIVE DATE 18
21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 18
22. HEADINGS NOT PART OF AGREEMENT 18
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.,
TABLE OF CONTENTS
(continued)
HEADIN G PAGE
23. AGREEMENT BINDING ON PARTIES AND HEIRS 19
24. ENTIRE AGREEMENT 19
25. MUTUAL COOPERATION 19
26. AGREEMENT NOT TO BE MERGED 19
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this 8' day of June, 1999, by and between LARRY M.
KRICHMAR, of Cumberland County, Pennsylvania, and NANCY H. KRICHMAR, of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Larry M. Krichmar (hereinafter referred to as "Husband"), social security
number 200-38-7632, was born on October 4, 1949, and presently resides at 716 Allenview
Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055;
WHEREAS, Nancy H. Krichmar (hereinafter referred to as "Wife"), social security
number 226-62-1664, was born on February 22, 1948, and presently resides at 560 Rupley Road,
Camp Hill, Cumberland County, Pennsylvania, 17011;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
May 14, 1972, in Newport News, Virginia and they now are living separate and apart;
WHEREAS, two children were born of the marriage between the parties: David, bom
September 23, 1978 and Adam, born February 10, 1981.
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to obtain independent legal advice from counsel of his or her selection
(LeRoy Smigel, Esquire for Husband and Patricia A. Miles, Esquire for Wife), and that each
fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the execution of this Agreement is not
the result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements. In addition, each party hereto acknowledges that he or she is fully
aware of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty
to determine all marital rights of the parties including divorce, alimony, alimony pendente lite,
equitable distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the same and being fully aware of
his or her rights thereunder, each party hereto 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 and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs of litigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or
she understands the concept of marital property under Pennsylvania law and each is aware of his
or her right to have the real and/or personal property, estate and assets, earnings and income of
the other assessed or evaluated by the courts of this commonwealth or any other court of
competent jurisdiction. The parties do hereby acknowledge that there has been full and fair
disclosure to the other of his or her respective income, assets and liabilities, whether such are
held jointly or in the name of one party alone. Each party agrees that any right to further
disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically
waived, and the parties do not wish to make or append hereto any further enumeration or
statement. The parties hereby acknowledge and agree that the division of assets as set forth in
this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties
hereto further covenants and agrees for himself and herself and his or her heirs, executors,
administrators or assigns, that he or she will never at any time hereafter sue the other party or his
or her heirs, executors, administrators or assigns in any action of contention, direct or indirect,
and allege therein that there was a denial of any rights to full disclosure, or that there was any
duress, undue influence or that there was a failure to have available full, proper and independent
representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb 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. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for divorce only. The parties agree that if either of them initiates a divorce
action under the no-fault provisions of the Divorce Code, then upon the expiration of the ninety
(90) day waiting period provided for under §3301(c) of the Divorce Code, each will sign an
Affidavit of Consent to divorce and Waiver of Notice of Intention to Request Entry of Divorce
Decree and deliver same to counsel for the party who initiated the divorce action, which counsel
shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit
Record, Vital Statistics Form and any and all other documents necessary to precipitate the
prompt entry of a divorce decree.
5. EQUITABLE DISTRIBUTION.
(a) Real Property. The parties acknowledge that they are the owners,
as tenants by the entirety, of the real property located at 560 Rupley Road, Camp Hill,
Cumberland County, Pennsylvania, 17011 (hereinafter referred to as the "Marital Residence")
and a vacation property located in Rehobeth Beach, Delaware (hereinafter referred to as the
"Vacation Home"). The parties agree as follows with respect to the Marital Residence and the
Vacation Home:
(1) Contemporaneously with the execution of this Agreement,
Husband and Wife shall deliver to Wife an appropriate deed, to be prepared by Wife's counsel in
a form satisfactory to Husband, conveying to Wife all of the parties' right, title, claim and
interest in and to the Marital Residence. Thereafter, Wife shall be the sole owner of the Marital
Residence and shall be permitted to record said deed and take any other action with respect
thereto that she deems appropriate.
(2) Contemporaneously with the execution of this Agreement,
Husband and Wife shall deliver to Husband an appropriate deed or title, to be prepared by
Husband's counsel in a form satisfactory to Wife, conveying to Husband all of the parties' right,
title, claim and interest in and to the Vacation Home. Thereafter, Husband shall be the sole
owner of the Vacation Home and shall be permitted to record said deed or title and take any other
action with respect thereto that he deems appropriate.
(3) Husband agrees that as of the execution date of this
Agreement, any and all homeowners policies, title policies, and any other policy of insurance
with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole
owner thereof and he further agrees that Wife shall be entitled to receive any payments now or
hereafter due under any such insurance policy.
(4) Wife agrees that as of the execution date of this Agreement,
any and all homeowners policies, title policies, and any other policy of insurance with respect to
the Vacation Home shall be deemed to be endorsed to reflect Husband as sole owner thereof and
she further agrees that Husband shall be entitled to receive any payments now or hereafter due
under any such insurance policy.
(5) Except as specifically set forth herein, as of the date the
deed to the Marital Residence is delivered to Wife, she shall be solely responsible for all costs,
expenses and liabilities associated with or attributable to the Marital Residence, including but not
limited to the mortgage held by Northwest Savings Bank (note #69810003889), taxes, insurance
premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors,
assigns, heirs, executors and administrators indemnified and held harmless from any liability,
cost or expense, including actual attorneys fees, which may be incurred in connection with such
liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence.
Notwithstanding the foregoing, however, Husband shall be solely responsible for satisfying in
full the joint Mellon Home Equity Line of Credit (account #0275.040076-659) secured by the
Marital Residence (with a balance as of March 13, 1999 in the principal amount of Thirty-Six
Thousand Five Hundred Seventeen Dollars Twenty-Five Cents ($36,517.25)) in accordance with
its terms. However, if and in the event that Wife sells the Marital Residence, Husband shall fully
satisfy the Mellon Home Equity Line of Credit at the time of settlement on the sale, such that
Wife will not satisfy the obligation out of the sale proceeds. No further joint liability shall be
incurred on the said Mellon Home Equity Line of Credit for so long as Wife's name remains on
the obligation. If Wife's name has not been removed from the obligation at the time the
outstanding principal balance is retired, then the account shall be closed. If and in the event that
Husband defaults in his obligation to make timely payments on the Mellon Home Equity Line of
Credit in accordance with its terms, then his obligation to satisfy the line of credit shall accelerate
and Husband shall be required to fully satisfy the obligation immediately. Husband shall keep
Wife and her successors, assigns, heirs, executors and administrators indemnified and held
harmless from any liability, cost or expenses, including actual attorneys fees, which may be
incurred in connection with the Mellon Home Equity Line of Credit assumed by Husband
hereunder.
(6) As of the date the deed to the Vacation Home is delivered
to Husband, Husband shall be solely responsible for all costs, expenses and liabilities associated
with or attributable to the Vacation Home, including but not limited to the mortgage held by
Greentree (account #21323949-1), any other mortgages, loans or lines of credit, taxes, insurance
premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors,
assigns, heirs, executors and administrators indemnified and held harmless from any liability,
cost or expense, including actual attorneys fees, which may be incurred in connection with such
liabilities and expenses or resulting from Wife's ownership interest in the Vacation Home.
(b) Furnishings and Personal Property. The parties acknowledge
and agree that they have divided between themselves all marital furnishings and personalty. As
of the date of execution of this Agreement, any and all furnishings and personalty currently
located in the Marital Residence, including all furniture, furnishings, antiques, rugs, carpets,
household appliances and equipment, jewelry and personal belongings, shall become Wife's sole
and separate property, free of any and all right, title, claim or interest of Husband. As of the
execution date of this Agreement, any and all furnishings and personalty currently located in
Husband's current residence or the Vacation Home, including all furniture, furnishings, antiques,
rugs, carpets, household appliances and equipment, jewelry and personal belongings, shall
become Husband's sole and separate property, free of any and all right, title, claim or interest of
Wife.
(c) Vehicles.
(1) Husband agrees that Wife shall retain possession of and
receive as her sole and separate property the 1993 Mitsubishi automobile, along with all rights
under any insurance policies thereon and with all responsibility for payment of any outstanding
indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or
interest of Husband.
(2) Wife agrees that Husband shall retain possession of and
receive as his sole and separate property the parties' boat, along with all rights under any
insurance policies thereon and with all responsibility for payment of any outstanding
indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or
interest of Wife.
(3) The parties agree that, although the following vehicles will
remain jointly-titled to the parties, the 1989 Scorpio shall belong to Adam and the 1989 Accura
Legend shall belong to David.
(4) Wife and Husband agree to execute, acknowledge and
deliver, within thirty (30) days of a request by the other, any and all instruments or documents
necessary to effectuate the transfer of vehicles and insurance responsibility pursuant to the terms
of this subparagraph.
(d) Life Insurance. Wife agrees that Husband shall receive, as his sole
and separate property, free of any and all right, title, claim or interest of Wife, any policies
insuring Husband's life, along with all incidents of ownership pertaining thereto, including cash
value, if any. Notwithstanding the foregoing, however, Husband shall maintain insurance on his
life with a death benefit of not less than One Hundred Thousand Dollars ($100,000) until
February 10, 2006, naming as irrevocable beneficiary of such insurance a trust for the benefit of
the parties' two children with Wife as trustee. Husband promptly shall provide Wife with proof
that the required insurance coverage is in place and shall provide proof on an annual basis that
the required insurance is in full force and effect and all premiums have been paid. If and in the
event Husband fails to maintain the requisite amount of insurance for the benefit of the parties'
children, then the children, as third party beneficiaries, shall have a claim in the amount of One
Hundred Thousand Dollars ($100,000) against Husband's estate.
(e) Pension and Retirement Benefits.
(1) The parties agree that Husband shall receive as his sole and
separate property, free of any and all right, title, claim or interest of Wife, his Smith Company
(L.B. Smith, Inc.) Savings and Retirement.
(2) The parties agree that Wife shall receive, as her sole and
separate property, Husband's Merrill Lynch IRA account #872-73588, which shall be
accomplished by rollover to an IRA account in Wife's name alone to avoid adverse tax
consequences.
(3) Except as otherwise set forth herein, Wife and Husband
each hereby specifically releases and waives any and all right, title, claim or interest that he or
she may have in and to any and all retirement benefits (including but not limited to pension or
profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift
plans, individual retirement accounts or other similar benefits) of the other party, specifically to
include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The
parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any
similar act that may be required from time to time to accomplish the purposes of this
subparagraph.
(t) Cash Accounts and Investments.
(1) The parties agree that Husband shall receive, as his sole and
separate property, free of any and all right, title, claim or interest of Wife, the sum of Fifteen
Thousand Dollars ($15,000) from the parties' joint Merrill Lynch account #49179. Husband will
be solely responsible for sixty-eight percent (68%) of any tax liability associated with the
division of this account, and Wife will be solely responsible for thirty-two percent (32%).
(2) The parties agree that Wife shall receive, as her sole and
separate property, free of any and all right, title, claim or interest of Husband, the remainder of
the parties' joint Merrill Lynch account #49179 after the transfer of funds pursuant to
subparagraph (1) above, as well as the entirety of the parties' joint Merrill Lynch account
#37767. Each party hereby warrants that neither he nor she has withdrawn any assets from the
joint Merrill Lynch accounts from April 1, 1999 to the date of execution of this Agreement.
(g) Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property
from each to the other.
(h) Property to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
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that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(1) Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this'
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(j) Assumption of Encumbrances.
(1) Husband shall be solely liable for any and all obligations he
has incurred on any credit card or other accounts issued in his name alone and he shall indemnify
and hold Wife and her property harmless from any liability associated with said accounts.
(2) Wife shall be solely liable for any and all obligations she
has incurred on any credit card or other accounts issued in her name alone and she shall
indemnify and hold Husband and his property harmless from any liability associated with said
accounts.
(3) Except as otherwise provided herein, each party hereby
assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to
the effective date of this Agreement, and each party agrees to indemnify and hold harmless the
other party and his or her property from any claim or liability that the other party will suffer or
may be required to pay because of such debts, encumbrances or liens.
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(k) Liability Not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in this Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and his or her property harmless from any and all such debts, obligations
and liabilities.
(1) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(m) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Husband in connection therewith.
(n) Warranty as to Future Obligations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
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shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the
event of breach hereof.
6. ALIMONY.
(a) Periodic Payments. Commencing May 1, 1999 and continuing
until April 30, 2004, Husband shall pay to Wife, as alimony for her support and maintenance, the
sum of Five Hundred Dollars ($500) per month.
(b) Tax Consequences. The payments from Husband to Wife
pursuant to this paragraph are intended to be alimony and, as such, shall be includeable in Wife's
income and deductible by Husband for tax purposes.
(c) Termination Events. Husband's obligation to pay alimony to
Wife pursuant to the terms of this paragraph shall terminate upon the first to occur of Husband's
fulfillment of his alimony obligation under subparagraph (a) above; Wife's death; Husband's
death; Wife's remarriage; or Wife's cohabitation as set forth herein. Husband shall not be
obligated to pay alimony to Wife in any month in which she is cohabiting. For any month in
which Husband is relieved of his alimony obligation as a result of Wife's cohabitation, he shall
pay the sum of Two Hundred Fifty Dollars ($250) to each of the parties' two sons. Any such
amounts paid to the parties' sons would not be alimony and thus would not be taxable to the
children nor deductible by Husband as alimony. If Wife ceases cohabitation during the five (5)
year alimony period, Husband's alimony obligation shall resume. If, however, Husband's
alimony obligation to Wife stops and starts on two occasions as a result of Wife's cohabitation,
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then upon the third incidence of Wife's cohabitation Husband's alimony obligation shall
terminate absolutely.
(d) No h[odifleation. Except as specifically set forth herein, Husband
and Wife hereby expressly waive, discharge and release any and all rights and claims which he or
she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente '
lite, support and/or maintenance or other like benefits resulting from the parties' status as
husband and wife. The parties further release and waive any rights they may have to seek
modification of the terms of this paragraph in a court of law or equity, it being understood that
the foregoing constitutes a final determination for all time of either party's obligation to
contribute to the support and maintenance of the other.
7. COUNSEL FEES. COSTS AND EXPENSES. Husband shall pay,
directly to Wife's counsel, all of Wife's legal fees, costs and expenses incurred in connection
with the parties' separation and/or the dissolution of their marriage, and the preparation and
execution of this Agreement, up to a maximum of Three Thousand Dollars ($3,000).
8. CHILDREN'S COLLEGE EDUCATION. Husband agrees that he
shall be solely responsible for continuing to pay the costs of David's college education during his
third year of undergraduate studies. Husband also shall be solely responsible for payment of all
costs (the same costs as have been paid for David) associated with the first three (3) years of
Adam's post-high school educational expenses, up to a maximum of Thirty Thousand Dollars
($30,000).
9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
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or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
11. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
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releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation arising out of the marital relationship,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements
and amendments, as well as under any other law of any other jurisdiction, except and only except
all rights and obligations arising under this Agreement or for the breach of any of its provisions.
Neither party shall have any obligation to the other not expressly set forth herein.
12. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
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13. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto with the same
formality as this Agreement.
14. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
15. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
16. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
17. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Larry M. Krichmar
716 Allenview Drive
Mechanicsburg, PA 17055
and to Wife, if made or addressed to the following:
Nancy H. Krichmar
560 Rupley Road
Camp Hill, PA 17011
17
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
18. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
19. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
20. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
21. EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
18
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
23. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
24. ENTIRE AGREEMENT. Each parry acknowledges that he or she has
carefully read this Agreement, and any other documents to which it refers, such other documents
being incorporated herein by reference; that he or she has had the opportunity to discuss its
provisions with an attorney of his or her own choice, and has executed it voluntarily; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or against either of the
parties.
25. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. 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 actually incurred as
a result of such failure.
26. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
19
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WHEREOF, the parties hereto set
their acknowledgment
WITNESS
WiTNEB
LARK
hands and seals on the dates of
1A gtm?'-A 16a"'
10.,E
NANCY H. KJUCHMAR
20
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF n?Th,,;? )
BEFORE ME, the undersigned authority, on this day personally appeared LARRY M.
KRICHMAR, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4t day of
fctnt , 1999.
Notary Public in and fo
Commonwealth ofPe ylvania
Typed or printed name of Notary:
NOTARAL SEAL
TERRI L. METIL. Notary Public
my Commission E Irea Ju 28. 2001
My commission expires:
21
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ballh,A
BEFORE ME, the undersigned authority, on this day personally appeared NANCY H.
KRICHMAIIknown to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _? day of
SunL '1999.
Notary Public inna d for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
NOTARIAL SFA
TERRI L METIL. Notary Pub4c
My Commisa on ExpiresExplres J8 .2W
My commission expires:
22
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5321.1-41PRABCWBTO TRAN9MIT/LR9lrl! IMAM 3:49pm
LARRY M. KRICHMAR, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-3798 CIVIL
NANCY H. KRICHMAR,
DEFENDANT CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following irRori4ti3}1, to
the Court for entry of a divorce decree: "? ?1
1. Ground for divorce: Irretrievable breakdown under.-S336 Tic)
of the Divorce Code.
V .A
2. Date and manner of service of the Complaint: Juhe-x8, 1999;
Acceptance of Service by Defendant's counsel.
3. Date of execution of the Affidavit of Consent required by
$3301(c) of the Divorce Code: by Plaintiff on October 2, 1999, and by
Defendant on October 11, 1999.
4. Related claims pending: NONE
5. Date Plaintiff's Waiver of Notice in $3301(c) Divorce was
filed with the Prothonotary: October 7, 1999.
Date Defendant's Waiver of Notice in S3301(c) Divorce was
filed with the Prothonotary: October 25, 1999.
BMIGEL,A;7N?Dp?ER80N i, BACKS
Date: October 26, 1999 By: ''"-'4
LeRoy Smi4el, Esquire ID #09617
2917 North Front Street
Harrisburg, PA 17110-1260
(717) 234-2401
Attorney for Plaintiff
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5321-14WO O9AN TILR.9IY1f06116/99 5:09pm
LARRY M. KRICHMAR, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. rfq - 3 79f( (J? ( ??
NANCY H. KRICHMAR,
DEFENDANT CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU RAVE 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
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, Cumberland County Courthouse, Carlisle, Pennsylvania,
17013.
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 THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing of business before the Court.
3321.141DIVORCE COMPLAINT/U /vlf]" I6, 1999 4:58 PM
LARRY M. KRICHMAR, t IN THE COURT OF COMMON PLEAS
PLAINTIFF s CUMBERLAND COUNTY, PENNSYLVAN:
V. s
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No. lj9- 3945 ?l *?
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NANCY H. KRICHMAR, s
DEFENDANT
COMPLA s
INT CIVIL ACTION - DIVORCE
UNDER SECTION 3301(0
)
OF T HE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURTt
AND NOW, comes Plaintiff, LARRY M. KRICHMAR, by his attorneys,
SMIGEL, ANDERSON & SACKS, and represents as follows:
1. Plaintiff is LARRY M. KRICHMAR, who currently resides at
716 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania
and has resided there since on or about February, 1999.
2. Plaintiff's Social Security No. is 200-38-7632.
3. Defendant is NANCY H. KRICHMAR, who currently resides at
560 Rupley Road, Camp Hill, Cumberland County, Pennsylvania and has
resided there since on or about February, 1979.
4. Defendant's Social Security No. is 226-62-1664.
5. Both Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
6. The Plaintiff and Defendant were married on May 14, 1972, at
Newport News, Virginia.
7. There have been no prior actions of divorce or for annulment
between the parties.
S. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the Court require
the parties to participate in counseling.
10. Plaintiff avers that there are no children of the parties
under the age of 18.
WHEREFORE, Plaintiff requests the court to enter a decree of
divorce.
Date: (o%L lsy
SMIGEL,,AANNDERSON & SACKS
By:
LeRoy Smigel, Esquire ID 109617
2917 North Front Street
Harrisburg, PA 17110-1260
(717) 234-2401
Attorneys for Plaintiff
2
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: Ito, 1999
RRY M. K ICHMAR
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5321-1-0/Acceptance of SmiceJLRS/Vlf June 23, 1999 3:28 Phi
LARRY M. KRICHMAR,
PLAINTIFF
V.
NANCY H. KRICHMAR,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3798 CIVIL
CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I, Patricia A. Miles, Esquire, counsel for Defendant, accept service of the Complaint in
Divorce on behalf of Defendant, and certify that I am authorized to do so.
Date: June I P 1999.
HOWETT, KISSINGER & MILES, P.C.
By: ygftle Q1y??
Patricia A. Miles, Esquire
I.D. #?a2e 3
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Attorney for Defendant
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LARRY M. KRICHMAR,
Plaintiff
V.
NANCY H. KRICHMAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3798 CIVIL
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint in Divorce under §3301(c) of the Divorce Code was
filed on June 22, 1999.
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 notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification
to authorities.
Date: /O/A /9 9
LA M. KRICHMAR, PLAINTIFFF
Cl.
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5231.14nvA1VGWLJ vVSW= "30, 1999
LARRY M. KRICHMAR, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-3798 CIVIL
NANCY H. KRICHMAR,
DEFENDANT CIVIL ACTION - DIVORCE
!FAIVtR-QBOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the court and that a copy of the decree will be
sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date'
LARRY KRICHMAR, PLAINTIFF
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LARRY M. KRICHMAR,
Plaintiff
V.
NANCY H. KRICHMAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3798 CIVIL
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING;
1. A Complaint in Divorce under §3301(c) of the Divorce Code was
filed on June 22, 1999.
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 notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification
to authorities.
Date:_ ?1
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Q wt1 ?1 11?G?t?rvu2a2/
- NANCY H. KRICHMA , DEFENDANT
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5231-tarwArvew:.eav11vp" .r 30,19"
LARRY M. KRICH PLAINTIFF
V.
NANCY H. KRICHMARFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3798 CIVIL
CIVIL ACTION - DIVORCE
SiAiVor of NOTICD OF 11ITEA*ri-011 '7 °°• T?? s
ey ay OF A DIVORCE DECREE UNDER_
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
3, 1 understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of is Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: too / 99 9
NAN Y H. ICHMAR, DEFEND
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LARRY M. KRICHMAR,
Plaintiff
V.
NANCY H. KRICHMAR,
Defendant
TO THE PROTHONOTARY:
NO. 99-3798
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
Please withdraw the appearance of Patricia A. Miles, Esquire and enter the appearance of
Cindy S. Conley, Esquire as counsel for Defendant Nancy H. Krichmar in the above-captioned
divorce action.
Date: 7 by /9 9
Date: o?d I9 / /
Respectfully submitted,
i u
Patricia A. M' s, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street/P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Cindy S. Conle , squire
HOWETT, K1SSINGER & M S, P.C.
130 Walnut Street/P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Nancy H. Krichmar
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