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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
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Jean Marie Kratzer,
No. 99 -„5669 civil
Plaintiff .'"'"""..
. ._... ., ..._ _...._....... Versus
Grego.ry...James..Kratzer,
Defendant
DECREE IN qaPA%
IVORCEXAND NOW . .................v ........ 4W20.0.2 . , it is ordered and
decreed that Jean.Marie .Kratzer ............................ plaintiff,
and ...Gregory. .James •Kra•tzer............................. , 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;
• • The ,Marra, age, ,getib.lement .8gr.eemernt .bet..ween..the. parties. sha•11 . be
incorporated but shall, pot, merge. ,with, .the, find I..Pecr.ee. in.Divorce.
Att J.
Prothonotary
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MARRIAGE SETTLEMENT AGREEMENT
By and between
JEAN MARIE KRATZER
- AND -
GREGORY JAMES KRATZER
Dated: b Z , 2002
INDEX
PAGE
1. Divorce and Separation ............................................................. 4
2. ...
Division of Property ............................................................. 4
3 ........
Child C
t
d
. us
o
y .............................................................................. 6
4. Income Tax Prior Returns ............................................................ 7
5. Time-share .............................................................
.
. 7
...
..
...............
6. Execution of Additional Documents ........................................... 7
7. Transfers Subject to Liens ........................................................... 8
8. Complete Listing of Property ...................................................... 8
9. Equitable Distribution of Property .............................................. 8
10. Relinquishment of Ownership ..................................................... 8
11. After-Acquired Property .............................................................. 9
12. Debts .......................................................
..... 9
.
................................
13. Bankruptcy ................................................................................... 10
14. Alimony ........................................................................................ 10
15. Full Disclosure ............................................................................. 10
16. Releases ........................................................................................ 11
17. Indemnification ............................................................................ 11
18. General Provisions ....................................................................... 12
19. Fair and Equitable Contents ......................................................... 12
20. Breach ........................................................................................... 13
21. Independent Separate Covenants ................................................. 13
22. Void Clauses ................................................................................ 13
23. Execution of Documents .............................................................. 13
24. Applicable Law ............................................................................ 14
25. Non-Merger .................................................................................. 14
26. Disclosure and Waiver of Procedural Rights .............................. 14
27. Tax Advice ................................................................................... 15
28. Representation of Parties ............................................................. 16
Signature Page .............................................................................. 16
Acknowledgement Page ............................................................... 17
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this q 0- day of U Q , 2002, by
and between Jean Marie Kratzer -AND- Gregory James Kratzer, at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on September 9, 1989, in Newton, Massachusetts.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on June 10, 1999.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. Divorce and Senaration. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401 K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. Husband shall retain his 1989 Oldsmobile Cierra and his
1993 Jeep Cherokee Laredo, subject to any liens and
encumbrances thereon.
3. Husband shall receive $15,000.00 from Wife's Defined
Contribution Plan, as more fully set forth in Paragraph 2(B)(1).
4. Husband shall receive a lump sum of $23,250.00,
representing his equitable share of the marital home, as more fully
set forth in Paragraph 2(B)(2).
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 401 K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment, with the
exception that Wife shall pay to Husband the amount of
$15,000.00 from her Defined Contribution Plan with Pennsylvania
State Employees' Credit Union. Investment income or losses shall
not accrue on the $15,000.00 pending distribution pursuant to a
Qualified Domestic Relations Order.
2. Wife shall retain the marital residence located at 10
Raspberry Drive, Mechanicsburg, Cumberland, County,
Pennsylvania 17050. Wife shall be fully responsible for the
outstanding mortgage thereon. The parties agree that Wife shall
refinance the mortgage on the marital home in order to remove
Husband's name from said obligation within six months of the date
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of the entry of a Decree in Divorce. Upon successful refinancing
of the mortgage, Wife shall pay to Husband the sum of $23,250.00.
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Husband shall execute a deed transferring ownership to Wife upon
payment of the $23,250.00, or upon request of the refinancing
company, whichever occurs first.
3. Wife shall retain her 1994 Chrysler Van, subject to any
liens and encumbrances thereon.
4. Wife shall retain her engagement ring.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Child Custody. The parties hereby acknowledge that they are the
natural parents of two children, namely Gregory James Kratzer, Jr., born November 29,
1991, and Matthew Joseph Kratzer, born April 12, 1994. The parties shall have shared
legal custody of the subject minor children. They shall consult with each other relative to
all important decisions concerning the subject minor children, including such matters as
health, education and religion. Wife shall have primary physical custody of the subject
minor children. Husband shall be entitled to partial periods of physical custody
consisting of alternating weekends and other times as the parties shall mutually agree.
The parties agree to share holidays with arrangements to be made upon mutual agreement
of the parties.
6
4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns. The parties agree that Husband shall be entitled to
claim the parties' oldest child, Gregory, Jr., as a dependent for Federal Income Tax
purposes until he reaches majority.
5. Time-share. The parties acknowledge they own a time-share in
St. Martin, located at Towers at Mullet Bay. The parties agree that they shall jointly
maintain the time-share, in that each will equally share in the cost of the RCI fees and
split the annual maintenance fee. Husband shall be entitled to all rights to the time-share
property in odd-numbered years and Wife shall be entitled to all rights in even-numbered
years. This includes the right to exchanges through the RCI.
6. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent contemporaneously with the execution of this Agreement.
The parties agree to execute any deeds, assignments, titles or other instruments necessary
and appropriate to accomplish the aforesaid division of property.
7. Transfers Subject to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
8. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
9. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of theirjointly owned property.
The parties have determined that an equitable division of such property conforms to ajust
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
10. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
It. After-Aeauired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
12. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Wife shall be fully responsible for the mortgage relative to the
marital residence, as more fully set forth in Paragraph 2(B)(2) of this Agreement.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
13. Bankruntcv or Reorganization Proceedings. In the event that
either party becomes a debtor in any bankruptcy or financial reorganization proceedings
of any kind while any obligations remain to be preformed by that party for the benefit of
the other party pursuant to the provisions of this Agreement, the debtor spouse hereby
waives, releases and relinquishes any right to claim any exemption (whether granted
under State or Federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse as set forth herein, including all
attorney fees and costs incurred in the enforcement of this paragraph or any other
provision of this Agreement. No obligation created by this Agreement shall be
discharged or dischargeable, regardless of Federal or State law to the contrary, and each
pasty waives any and all right to assert that obligation hereunder is discharged or
dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganization proceedings by either party in the future, any monies to be paid to the
other party, or to a third party, pursuant to the terms of this Agreement shall constitute
support and maintenance and shall not be discharged in bankruptcy.
14. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
15. Full Disclosure. The respective parties do hereby warrant,
represent and declare that he and she have made a full and complete disclosure to the
10
other of all assets of any nature whatsoever in which such party has an interest and any
further enumeration or statement thereof in this Agreement is specifically waived. Each
party agrees that he or she shall not at any future time raise such a defense or otherwise
the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
16. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
17. Indemnification. Each part,, represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and ??
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
18. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
19. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
12
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
20. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
21. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
22. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
23. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
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24. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
25. Non-Mercer. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to hav: been merged with such Decree.
26. Disclosure and Waiver of Procedural Rights. Each party
understand that he or she has the right to obtain from the other party a complete Inventory
or list of all property that either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such property valued by means of
appraisals or otherwise. Both parties understand that they have the right to have court
held hearings and make decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
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b. The right to obtain an Income and Expense Statement of the other
party as provide by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
27. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
15
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
28. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been represented by
Kristin R. Reinhold, Esquire. Husband has been represented by Linda A Clotfelter,
Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
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Jean M. Kratzer
J an M. Kratzer
Witness my hand and Notarial seal, the day and year aforesaid.
tzer
AQ'J.I*
Witness my hand and Notarial seal, the day and year aforesaid.
Notary ublic
My Commission Expires:
NOTARIAL SEAL
HELEN E. RASMUSSEN, Notary Public
Camp Hill Borough, Cumberland County
17 My Commission Expires Aug. 2, 2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this A day of U R,r , 2002, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Jean M. Kratzer, known to
me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
MO?ARIAL SEA
PeNE[ DAEISBACH, Notary Pubk
City nl HernshuKl ?kmP^.n County
1dY Cumnnssvrtf xp..nr. Nov 3' 2002
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF A4614 ! Rd CuAA 60 4ND
SS:
On this )s day of Vac"&ej 2002, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Gregory J. Kratzer, known
to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
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JEAN MARIE KRATZER,
Plaintiff
V.
GREGORY JAMES KRATZER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5669 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
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: irretrievable breakdown under Section
x 3301 c 3() 301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: October 4, 1999, by
Certified Mail.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: February 4, 2002, by Plaintiff; February 1, 2002,
by Defendant.
(b) (1) Date of execution of the Plaintiffs Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated, but shall not merge with the final Decree in
Divorce.
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5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: February 5, 2002.
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: February 5, 2002.
6. Social Security Numbers:
(a) Plaintiff: 021-54-5164
(b) Defendant: 187-48-1448
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JEAN MARIE KRATZER,
Plaintiff
v.
GREGORY JAMES KRATZER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND ?COUNTY, PENNSYLVANIA
NO. yq-
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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 marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, 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 ANY OF THEM.
YOU SHOULD TAKE 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
JEAN MARIE KRATZER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. rj y - EGG
GREGORY JAMES KRATZER, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Jean Marie Kratzer, an adult
individual currently residing at 10 Raspberry Drive, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. The Defendant is Gregory James Kratzer, an adult
individual currently residing at 105 Wyncot Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth of Pennsylvania, for a period in excess of six
(6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 9,
1989 in Newton, Massachusetts.
5. There have been no prior actions of divorce or
annulment between the parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on June 1, 1998.
8. The causes of action and sections of the Divorce Code
under which Plaintiff is proceeding are:
A. Section 3301(C) - The marriage of the parties is
irretrievably broken.
B. Section 3301(D) - The marriage of the parties is
broken. The Plaintiff and Defendant separated on or
about June 1, 1998.
9. Plaintiff and Defendant have two children under the
age of eighteen, namely Gregory James Kratzer, Jr., born November
21, 1991, and Matthew Joseph Kratzer, born April 12, 1994.
10. Plaintiff has been advised of the availability of
marriage counseling and understands that she may request that
her spouse and she participate in counseling.
11. Plaintiff does not request that the Court require
that her spouse and she participate in counseling prior to a
divorce decree being handed down by this Court.
WHEREFORE, Plaintiff requests this Honorable Court enter
a final Decree in Divorce.
COUNT I - EQUITABLE DISTRIBUTION
12. Paragraphs one through eleven are incorporated by
reference herein.
13. During their marriage, Plaintiff and Defendant have
acquired various items of marital property, both real and personal,
which are subject to equitable distribution under Sections 3501 et.
sec. of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court equitably distribute all marital property.
Date: 5C
Respectfu y submitted,
#ris n,R./Rdinhold, Esquire
5922 inglestown Road
Harr' burg, PA 17112
(717) 671-1500
I.D. No. 57911
EY
A F F I D A V I T
I, -)eon Al. Xrahereby certify that the aforegoing
is true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
Dated:
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JEAN MARIE KRATZER,
Plaintiff
V.
GREGORY JAMES KRATZER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5669 CIVIL
CIVIL ACTION -LAW
M DIVORCE
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that a copy of a
Complaint in Divorce was served upon Gregory James Kratzer on October 4, 1999, by
Certified Mail, return receipt requested, addressed as follows:
Gregory James Kratzer
105 Wyncot Court
Mechanicsburg, PA 17055
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to
authorities. /
Date: ? _
Rehee Dreisbach
" SENDER:
4 . complete Name I andAdr 2 for eddtio al seniors.
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• Print yoyuorurlema and addrea on the reveres of Iles form so that we an realm th4
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3. Article Addressed to: 4a. Article
L?e?ory ?Qtres Krat?e? 4b.Servioe
I also wish to receive the
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JEAN MARIE KRATZER,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
V.
GREGORY JAMES KRATZER,
Defendant
No. 99-5669 CIVIL.
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 15, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
Date: a - -O ?y?a4 (C4 Gc_
Jean Marie Kratzer
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JEAN MARIE KRATZER,
Plaintiff
V.
GREGORY JAMES KRATZER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. 99-5669 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE 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 in 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 1 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 unswom falsification to authorities.
Date:_ - y _ 0 L]a ltvL ???C!Au ,ft`/)
Jean Marie Kratzer
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JEAN MARIE KRATZER,
Plaintiff
V.
GREGORY JAMES KRATZER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. 99-5669 CIVIL
CIVIL ACTION - LAW
M DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 15. 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. 1 consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswam fidsifications to authorities.
Date:
Greg ames K t r
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JEAN MARIE KRATZER,
Plaintiff
V.
GREGORY JAMI{S KRA'IZER.
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. 99-5669 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree in Divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's lees or expenses if 1 do not claim them before a divorce is granted.
3. 1 Understand that 1 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 verily 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: 11 _' C? _ _ v
regory Jame tzer
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JEAN M. KRATZER,
PLAINTIFF
VS.
GREGORY J. KRATZER,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 99-5669 CIVIL TERM
MOTION FOR ENTRY OF A
AND NOW comes the Plaintiff, Jean M. Kratzer, by and through her
attorneys, the Law Offices Of Silliker and Reinhold, and respectfully requests this
Honorable Court enter the attached Qualified Domestic Relations Order, which has been
consented to by the parties, as an Order of Court and in support thereof avers the
following:
I. The parties hereto are formerly wife and husband, a Decree in
Divorce having been entered by the Honorable George E. Hoffer, P.J., on March 6, 2002.
2. Pursuant to the terms of a Marriage Settlement Agreement dated
February 4, 2002, the parties agreed that Defendant is entitled to $15,000.00 of Plaintifrs
Pennsylvania State Employees' Credit Union Management Money Purchase Plan.
3. The parties have consented to the attached Qualified Domestic
Relations Order, as evidenced by their signatures on Page 5 of said document.
Wherefore, Plaintiff respectfully requests this Honorable Court enter their
stipulation as a Qualified Domestic Relations Order.
Respectfully
5922 Lirrglestown Road
Harrisburg, PA 17112
(717) 671-1500
ID No. 57911
Attorney for Plaintiff
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111
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JEAN M. KRATZER,
PLAINTIFF
VS.
GREGORY J. KRATZER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 99-5669 CIVIL TERM
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that a copy of
Plaintiffs Motion for Entry of a Qualified Domestic Relations Order was served upon
Linda A. Clotfelter, Attorney of Record for the Defendant, on March 12, 2002, by first
class mail, postage pre-paid, addressed as follows:
Linda A. Clotfelter, Esquire
3464 Trindle Road
Camp Hill, PA 17011-4436
Date:
Renee Dreisbach
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JEAN M. KRATZER,
PLAINTIFF
VS.
GREGORY J. KRATZER,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-5669 CIVIL TERM
QUALIFIED DOMESTIC RELATIONS ORDER
1. Recitals
1. The parties to this action have entered into a Property Settlement Agreement dated
February 4, 2002. The Court incorporated the Property Settlement Agreement into its Decree of
Dissolution of Marriage dated March 6, 2002.
2. This Order creates and recognizes the existence of an Alternate Payee's right to
receive a portion of the Participant's benefits payable under an employer sponsored defined
contribution plan which is intended to be qualified under Internal Revenue Code of 1986
("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order
("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its
authority under the 23 P.C.S.A. §3502.
H. Statements of Fact Pursuant to Code §414(p)
3. This QDRO applies to the Pennsylvania State Employees Credit Union
Management Money Purchase Plan ("Plan"). Further, this Order shall apply to any successor
plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits
described below is incurred. Any benefits accrued by the Participant under a predecessor plan of
the employer or any other defined contribution plan sponsored by the Participant's employer,
whereby liability for benefits accrued under such predecessor plan or other defined contribution
plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any
changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's
Payee's rights as stipulated under this Order.
4. Jean M. Kratzer ("Participant") is a participant in the Plan. Gregory J. Kratzer
("Alternate Payee") is the alternate payee for purposes of this QDRO.
are: 5. The Participant's name, mailing address, social security number, and date of birth
Name: Jean M. Kratzer
Home Address: 10 Raspberry Drive
Mechanicsburg, PA 17050-2792
SS#: 021-54-5164
DoB: 3/14/61
6.
birth are:
The Alternate Payee's name, mailing address, social security number, and date of
Name: Gregory J. Kratzer
Home Address: 105 Wyncote Court
Mechanicburg, PA 17055
SS#: 187-48-1488
DoB: 2/18/57
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any
changes in this mailing address subsequent to the entry of this Order.
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7. The portion of the Participant's plan benefits payable to the Alternate Payee under
this QDRO is $15,000.
The administra.or of the plan shall pay over and deliver to Vanguard-Custodial IRA for „ k
deposit into the account owned by Alternate Payee, being account number 9886115482, the sum nt
of $15,000, reduced by any penalty, fee, cost, or tax resulting from or the consequence of the j'
transfer of Alternate Payee's share into an account which is not an IRA. Such distribution shall
be made as soon as administratively possible. f
III. Recitals Pursuant to Code §414(p)(3)
8. This QDRO does not require the Plan to provide any type or form of benefit the
Plan does not otherwise provide.
9. This QDRO does not require the Plan to provide increased benefits.
2
10. This QDRO does not require the Plan to pay any benefits which another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
IV. Time and Manner of Payment
11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in
paragraph 7 of this QDRO, as soon as administratively feasible following the Plan
Administrator's approval of this Order. If the Plan does not permit an immediate distribution of
this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined
by Code §414(p)(4)(B), subject to the Alternate Payee's election.
12. Benefits are to be payable to the Alternate Payee in any form or permissible
option otherwise available to the Participant and alternate payees under the terms of the Plan,
including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any
forms required by the Plan Administrator.
13. On and after the date that this order is deemed to be a QDRO, but before the
Alternate Payee receives his/her distribution under the Plan, the Alternate Payee shall be entitled
to all of the rights and election privileges that are afforded to active participants, including, but
not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary,
and the right to direct his/her Plan investments to the extent permitted under the Plan.
14. All payments made pursuant to this order shall be conditioned on the certification
by the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
15. It is the intention of the parties that this QDRO continue to qualify as a QDRO
under Code §414(p), as it may be amended from time to time, and that the Plan Administrator
shall reserve the right to reconfirm the qualified status of the order at the time benefits become
payable hereunder.
16. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he/she has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are
assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that he/she has received such benefit
payments and shall forthwith pay such amount so received directly to the Participant within ten
(10) days of receipt.
17. In the event that the Participant's benefits, or any portion thereof, become payable
to the Participant as a result of termination or partial termination, then the Alternate Payee shall
be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO
and in accordance with the termination procedures of the Plan.
18. After payment of the amount required by this QDRO, the Alternate Payee shall
have no further claim against the Participant's interest in the Plan.
19. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan
shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417,
but the Alternate Payee shall receive, as surviving spouse, only the amount described in
paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the
Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount
described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the
payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining
benefits under this QDRO to any beneficiary subsequently designated by the Alternate Payee and
recorded with the Plan Administrator under the terms of the Plan.
V. Procedure for Processing this QDRO
21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the
Plan is determining whether this order is a qualified domestic relations order, the Plan
Administrator shall separately account for the amounts which would have been payable to the
Alternate Payee while the Plan is determining the qualified status of this QDRO.
22. The Plan Administrator promptly shall notify the Participant and the Alternate
Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the
Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator
shall determine the qualified status of the QDRO and shall notify the Participant and the
Alternate Payee of the determination within a reasonable period of time after receipt of this
QDRO.
23. The Court shall retain jurisdiction with respect to this Order to the extent required
to maintain its qualified status and the original intent of the parties as stipulated herein.
BY THE COURT:
CONSENT TO ORDER:
Plaintiff 1
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