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HomeMy WebLinkAbout04-0757 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTAK. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 04- 7S7 CIU'~l'--r~ CIVIL ACTION - LAW IN DIVORCE RONALD W. BAER, Defendant 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 and visitation of your children, When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse, 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 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 (717) 249-3166 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO, 04 - 1~7 (21~lL '-rE./Z..h'"\ RONALD W, BAER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1, Plaintiff is Krista K. Baer, an adult individual residing at 71 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Ronald W, Baer, an adult individual residing at 505 North Walnut Street, Mt. Holly Springs, Cumberland county, Pennsylvania 17065. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4, The Plaintiff and Defendant were married on December 31, 1996 in Carlisle, Cumberland County, Pennsylvania, 5, There are two (2) minor children born of this marriage: Emma Kay Baer, born August 11, 1997; and Ella Grace Baer, born September 5,2000, 6, The parties separated on April 2, 2003. 7, There have been no prior actions for divorce or annulment between the parties, 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9, Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling, COUNT I - DIVORCE NO FAULT 10, The averments in paragraphs 1 through 9, inclusive, ofPlaintifl's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists, WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code, 2 INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EOUlTABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15, The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. 3 WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code, WHEREFORE, Plaintiff, Krista K. Baer, prays this Honorable Court to enter judgment: A. A warding Plaintiff a decree in divorce; B, Equitably distributing the marital property; and c. Awarding other relief as the Court deems just and reasonable, Barbara Sumple-Sullivan, Esquire ~ Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, No. 32317 Dated: February 19, 2004 4 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRIST A K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, NO. RONALD W, BAER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3, Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A Section 4904 relating to unsworn falsification to authorities, Dated:d-!-DY yit t? ~<U K B~tR I Barbara SumpJe-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. RONALD W, BAER, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Krista K. Baer, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S,A Section 4904 relating to unsworn falsification to authorities, Dated: ;:; - ( , 2004 K i I N (J tt-\ .......... f' ~ CI) ~~ ~ ~r R.J ~ 9 ~ 6 , . 8 g ~ 1 ,0 :/::)-0 tf- r'~ ~ ("" ,....-., C".-:) c.:> a _;~=C! G ~) c; ---, , . (..1 ',I n ( . , ~ I C.:; Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v, NO. 04 - 757 RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No, 7000060000283892 3714, Return Receipt Requested, on the above-named Defendant, Ronald W, Baer, on February 27,2004 at Defendant's last known address: 505 North Walnut Street, Mt. Holly Springs, PA 17065. The original receipt and return receipt card are attached hereto as Exhibit" A", I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C,S,A !}4904 relating to unsworn falsification to Dated: MarchL 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff U,S Postal Service CERTIFIED MAil RECEIPT iDomestlc Mall Only, No Insurance Coverage Provided) '" M I"- "' MOUNT HOLLY SPRINGS PA 17065 n.J IT" CO "' Postage $ $0.60 Certified Fee Return Receipt Fee $1.75 IIQ {Endorsement Aequiredj n.J C Restricted Delivery Fee $3.50 C (Endorsement Requiredj C Totel Postage & Fees $ $8.15 c -II C c c C I"- EXHIBIT "A" "" C) (') (-=~-, ~=-~ C:;;) -n -f.;- '-l ~ ~-,- ~..,..". ::::; I ., .~ 1 f'J , , -"(I C =;;- ~ ~ .. N -.J WAYNE F. SHADE Attorney at Law 53 West Pomfret Str~t Carlisle. Pennsylvania [70[] KRISTA K. BAER, Plaintiff v. RONALD W. BAER, Defendant TO: Curtis R. Long, Prothonotary : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-757 CIVIL TERM : IN DIVORCE PRAECIPE Please enter my appearance and acknowledgment of receipt of a certified copy of the Complaint in the above-captioned matter on behalf of Defendant. Date: March 16,2004 a'/~ ~ Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant '" C::) (;:::;) -""" ;;= .:..c',,, :::..) (-") ";'fi :.:-! f'1,::7:j ,-- .~~~ :/,C) ~:;~n-l G"; 1"\,) C , . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this21 day OfAtzn' ( , 2005, by and between RONALD W. BAER hereinafter referred to as "HUSBAND", and KRISTA K. BAER, hereinafter referred to as "WIFE", WITNESSETH, That WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on December 31, 1996, in Carlisle, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Emma Kay Baer, born August 11, 1997 and Ella Grace Baer born September 5, 2000; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable [consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND ;l/20/2005 and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection, WIFE has been independently represented by Barbara Sumple-Su\1ivan, Esquire, HUSBAND has been independently represented by Wayne F. Shade, Esquire, Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. \2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each ~hall be free from all control, restraint, interference or authority, direct or indirect, by the other in ~ll respects as if she or he were unmarried, except as may be necessary to carry out the provisions ! ~f this Agreement Each may reside at such place or places as she or he may select Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, I *rofession or employment which to him or her may seem advisable. This provision shall not be t~ken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness 4V20/2005 2 of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate, Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or Ishe is aware of his or her right to seek discovery including, but not limited to, written linterrogatories, motions for document production, depositions, and other means of discovery ~vailable through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they ~ave had the right to have property fully appraised. Each party is fully satisfied that no additional Information is necessary for the execution ofthis Agreement 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions ~fSection 3301(c) of the Divorce Code of 1980, as amended and will execute the documents rjecessary to effectuate a divorce under those provisions concurrently with the execution of this 4greement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed 4120/2005 3 simultaneously with this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party, 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will ~orthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the ~roper effectuation of this Agreement. 4/20/2005 4 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. 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 may have or at any time hereafter have for past, present or future support or maintenance, i alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other I right or obligation, economic or otherwise, whether arising out of the marital relationship or i otherwise, 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, agreements and obligations of whatsoever nature arising or which may arise iunder this Agreement or for the breach of any provision thereof Neither party shall have any [obligation to the other not expressly set forth herein. I B. Each party hereby absolutely and unconditionally releases and forever discharges \the other and his or her heirs, executors, administrators, assigns, property and estate from any and '~ll rights, claims, demands or obligations arising out of or by virtue of the marital relationship of he parties or otherwise, whether now existing or hereafter arising, The above release shall be ffective regardless of whether such claims arise out of any former or future acts, contracts, ~ngagements or liabilities or the other or by way of dower, curtesy, widow's rights, family fxemption or similar allowance, or under the intestate laws, or the right to take against the ~pouse' s will, or the right to treat a lifetime conveyance by the other as testamentary, or all other tights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other ~untry. It is expressly understood, however, that neither the provisions of this release nor the ubsequent entry of a divorce decree are intended to defeat the right of either party to receive any i surance proceeds at the death of the other of which she or he is the named beneficiary (whether e beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the Ijight of either party to receive any legacy, bequest or residuary portion of the other's estate under ijis or her will, or to act as personal representative or executor if so named by the will of the dther, whether such will was executed prior or subsequent to this Agreement. , C. Except for any cause of action for divorce which either party may have or claim to hJave, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an atsolute and unconditional release and discharge from all causes of action, claims, rights or d mands whatsoever, in law or in equity, which either party ever had or now has against the o her. 4/~0/2005 5 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns, 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and Ipursuant to the terms of this Agreement ~/20/2005 6 The failure of either party to insist upon strict performance of the provisions of this Agreement shan not be construed as a waiver of any subsequent default of the same or similar nature, nor shan such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, 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, and the party breaching this contract shan be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania, 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to Idec1are income or the wrongful claiming of any deduction shan be assessed by the United States ~nternal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a ~onsequence of the parties' Federal and State income tax returns which were filed jointly by the ~/20/2005 7 parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In the situation, the party responsible for the assessment ofliability shall indemnifY and save harmless the other from all additional tax, penalty, and interest If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but not limited to, jewelry, clothes, ! furniture, and other assets. The parties agree that all assets in WIFE'S possession at the time of i this Agreement shall be the sole and separate property of WIFE and, that all assets in iHUSBAND'S possession at the time of this Agreement shall be the sole and separate property of iHUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever 11/20/2005 8 abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1. 114 DOGWOOD DRIVE The parties jointly own property at 114 Dogwood Drive, Mount Holly Springs, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by National City Mortgage in the approximate amount of ONE HUNDRED THIRTY SIX THOUSAND DOLLARS ($136,700.00) and a home equity line of credit from Legacy Bank in the approximate amount of SIXTY THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($63,750.00). Said property is currently being used as a rental investment property Upon execution of this Agreement and entry of the divorce, HUSBAND and WIFE shall possess the property as tenants in common, Wife shall receive the rental payment from the tenant and pay from said rentals the monthly mortgage, home equity line, taxes, insurance, sewer and trash. In the event any deficit exists in satisfYing these obligations from the rental, each party shall be obligated to pay one half of the deficit Wife shall make a good faith effort to keep the property rented. However, if a itenant is not in the property, all expenses shall be shared equally by the parties. At all times relevant hereto, HUSBAND shall be required to pay, at this sole cost and iexpense, all normal and routine maintenance and repairs to the property. The costs of any , ~/20/2005 9 extraordinary repairs or alterations shall be shared equally by the parties and only undertaken with the mutual consent of both parties. The parties shall continue with this ownership as long as they both shall agree. It is the intention of the parties that they will agree to a sale date for the property in the future after equity in same begins to build. In the event of either parties' death while the property is jointly titled, the property shall be sold Each parties' one half interest shall be owned by his or her estate. 2. W&C REALTY AND HOLDINGS WIFE is also involved in a Limited Partnership known as W&C Realty and Holdings, which partnership owns and operates certain real estate located at 47 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. Said real estate subject to the partnership ownership is also encumbered by loans due and owing to Legacy Bank, Account No, 100056621 (balance $169,008.97) and Account No. 100059963 (balance $23,389.88) and C.R.E.D.C. in the amount of $22,000.00. WIFE shall retain her interest in the real estate partnership and HUSBAND does I hereby agree to waive any and all rights and claims to said interest. WIFE shall be responsible for i all sums due and owing to Legacy Bank as referenced above, together with all costs, charges and ! expenses related to said loans or property WIFE shall continue to pursue and use her best efforts ito secure release of HUSBAND from the obligations ofW&C Realty for which he is a guarantor. 3. 71 COLD SPRINGS ROAD - Lot 1 The parties jointly owned property located at 71 Cold Springs Road, Carlisle, Cumberland 'f/20/2OG5 10 County, Pennsylvania, referred in this Agreement as Lot I, This property was encumbered by a line of credit from Members 1'1 in the approximate amount of FIFTY THOUSAND DOLLARS ($50,000.00) and a mortgage Note from Arlington Capital Mortgage in the approximate amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) This property was sold on June 28,2004 to WIFE's parents with the mutual consent and agreement of HUSBAND and WIFE. All mortgages, liens and encumbrances, (including penalties, interest and late payment fees) were satisfied. There was no equity in the property for distribution. 4. 71 COLD SPRINGS ROAD - Lot 2 and Lot 3 The parties jointly own property located at 71 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, referred to in this Agreement as Lot 2 and Lot 3, which equals 74. 1 acres. \ This property is being purchased through an installment sales agreement dated April 30, 2002 [ with Ms. Helen A. Valk. Presently, approximately TWO HUNDRED EIGHTY THOUSAND : DOLLARS ($280,000.00) is still due and owing to Ms. Valk. HUSBAND agrees to convey all of \ his interest, rights and title in Lots 2 and 3 to WIFE. WIFE shall be fully responsible for any past, \ present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any [debts associated with the real estate. WIFE agrees to be fully liable and responsible for all , '[obligations due to Ms Valk pursuant to the sales agreement WIFE hereby agrees to indemnify ~nd hold HUSBAND harmless from any and all such liabilities. HUSBAND agrees to execute a ~uitclaim deed, formal assignment of rights pursuant to the installment sales agreement or any , ?ther documents as now or in the future may be required to effectuate his release, assignment, ~onveyance and transfer of his interest to WIFE , 4/20/2005 11 C. MOTOR VEHICLES Subsequent to separation, HUSBAND acquired a 2003 BMW in his name alone, Said vehicle is subject to encumbrances due and owing to BMW Financial. Said car has been repossessed. HUSBAND agrees to indemnity and hold WIFE, her successors and assigns, harmless from any and all costs, claims, suits, including attorney's fees, which she might incur which arise from any claim, cause of action, indebtedness, related to this vehicle. WIFE has use and possession of a vehicle, which is a business vehicle and is owned by and the obligation of payment is due through her company. No marital interest is continued herein. During the marriage, HUSBAND acquired a 2001 Mercedes C-230 which vehicle was titled in his name alone and for which the loan for same was in his sole and separate name. Said vehicle has been repossessed by the lender. HUSBAND agrees that he shall be solely responsible for all costs related to said vehicle, including all costs of repossession and any deficiency judgment related to the repossession. HUSBAND agrees to indemnity and hold WIFE, her successors and assigns, harmless from any and all costs, claims, suits, including attorney's fees, which she might incur which arise from any claim, cause of action, indebtedness, related to this vehicle. D. FINANCIAL ACCOUNTS The parties have previously divided all joint checking, savings and any other financial ~ccount to the satisfaction of both parties. Any and all other individual bank accounts shall ~emain in the possession of the individual it is titled to. 4/20/2005 12 E. PENSION The parties warrant that neither party has accrued any pension or retirement benefit during the marriage and an previously acquired benefits have been previously liquidated prior to separation. F. INSURANCE Each party shan retain ownership of any life insurance policy in his or her name. G. BUSINESS INTERESTS During the marriage, WIFE became a fifty percent (50%) owner of certain business Interests related to staffing of medical centers and nursing homes. The initial entity formed was ~nown as Healthcore, LLC. Certain subsidiaries and similar entities have been formed in other , ~ubsequent locations and include Healthcare Home Services, LLC Healthcore Ohio, LLC, and ~ealthcare Maryland, LLC. These business entities are encumbered and have substantial ~bligations and indebtedness due and owing on them. These debts include the following qbligations: Legacy Bank, Acct. No. 100101575 (Healthcore, LLC Line of Credit) $300,000.00 Legacy Bank, Acct. No. 100102821 (Healthcore SBA Term Loan) $471,720.63 The parties agree that WIFE shall retain said business interests as her sole and separate 4/~0/2005 13 property, free and clear of any claims of HUSBAND. However, WIFE shall also be solely liable for all obligations related to said business interests and shall indemnify and hold HUSBAND harmless from any and all obligations, liabilities, costs, expenses or claims arising from said business interests. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities At the time of separation, in addition to the mortgages, credit lines and other business Irelated debts, the parties had certain credit card obligations and other obligations. WIFE shall be Iliable for the following debts and will indemnify and hold HUSBAND harmless from the same 1. Rainsoft $ 4,000.00 2. Discover Card $ 7,800.00 3. USAA $ 10,000.00 4. Members 1 ,( Visa $ 6,000.00 5. Members 1 ,( $ 4,000.00 4V20/2005 14 6, Mohawk $ 4,800.00 WIFE'S debts total approximately THIRTY-SIX THOUSAND SIX HUNDRED DOLLARS ($36,600.00). WIFE agrees to indemnity and hold HUSBAND harmless from each of the \ aforementioned debts and agrees to be responsible for all attorneys' fees incurred by HUSBAND in defense of any claim or suit brought against HUSBAND arising from any debt incurred during ! the marriage. HUSBAND shall not assume any of the above referenced marital debt pursuant to the terms of this Agreement. HUSBAND, however, shall be solely responsible for the following debts: 1. 2. Tuckey Restoration, Inc. Renter's Judgment by Carter's $ $ 3,500.00 1,610.00 HUSBAND agrees to indemnity and hold WIFE harmless for the aforementioned debts *nd agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or ~uit brought against WIFE arising from any debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4~0/2005 15 SECTION III SUPPORT, AMLlMONY PENDENTE LITE, ALIMONY Both parties acknowledge and agree that the provision ofthis Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance, SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. !WITNESS ~, t>> ? . l /? /~ ^ ,(/ {./ 2/L.../;. A/I c:.--- RONALD W. BAER 120/2005 16 COUNTY OF ) ) ss. ) COMMONWEALTH OF PENNSYLVANIA Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Ronald W. Baer, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this f)3 day of fJprl ! ,2005. Qwv/;" () (tJ.iwvo N 1Ii\RY PUBLIC iMy commission expires: i.3/ a810'ii' NONW. SfAl. JESSICA A. IIOCIWISMIIH Nolary NlIc C'AIlUSl.E 1lOROUGH. CIIMISltNc> COUHIY My CommIIolo.. bplow Dee 22. 2008 (SEAL) !COMMONWEAL TH OF PENNSYLVANIA \COUNTY OF ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and ~ounty, personally appeared Krista K. Baer, who being duly affirmed according to law, deposes ~nd says that the facts and matter set forth in the within and foregoing Marital Settlement j'\greement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this :J:) day Of~, 2005. .~() !h~ J\J i\RYPUBLIC *y commission expires: fal ;J~/ of) NO'WlW. SUoL JES$lCA A. IIOCKERSMllK MoIarV P\ltlIC CAIIIISl.E ICR<)UGM. CIlMIERLN<<l COUNIV My Coll\mIIIkln bP* oec 22. 2008 ,. -, 4120/2005 17 c .",",- ...J ",.,' '-' ~-' ,.,;' .~"J ,.y n \~;: rc; ,.'-:;:; of' :J;tC ~ o -n .-1 ~~ j\ \"=;'1 -'(1'..-" 'r','-.,'" \ tv ':: ~',' /, " , H1 " ~--I: -- "1'1 <.~ ~; - - " c~) ..J .:..< - -~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - 757 RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on , i February 20, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of iintention to request entry of the decree. 4, I understand that I may lose rights concerning alimony, division of property, I lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct I understand , ~at false statements are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to tfnsworn falsification to authorities. qATE: iJ!l3/0( ------- (') ~ .;:;;.} <J' --:. {" ~'. \ N ',-.' Q. -' -r: -r, rn-'~ :~,\~ _ 't~ - :~; <;-q -- 5~ (.,,;.) C') - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A ] 7070 (717) 774-1445 KRIST A K BAER, Plaintiff IN THE COURT OF COJl.1MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-757 RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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 ICourt and that a copy of the decree will be sent to me immediately after it is filed with the i I ~rothonotary. , I 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statement herein are made subject to the penalties of 18 Pa.CS. 24904 relating to unsworn ! talsification to authorities, tATE l( /23/()J I ! i '"'" C~.) ,-;,:;1 iJ' -or;. 'c:.1'- , -:~ \ N q. :,t"" fnr: --2.tS ::"l~~ ( 1.--., ~". j~ < -o\?\tn '~ -'~ :s~~. - - 0.) -' . . Barbara Sump1c-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 757 RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2004 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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 I 4. I understand that I may lose rights concerning alimony, division of property, !lawyer's fees or expenses if! do not claim them before a divorce is granted. I i I I I 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. ~nsworn falsification to authorities. I rATE: I I I C.S.A Section 4904 relating to ~~/ 2 3!t) f /71 ~ /",-4 jJ~( RONALD W. BAER I ... . COMMONWEALTH OF PENNSYL VANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RONALD W. BAER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ~J") day of ~, 2005. NOTARIAL SEAL JESSICA A. HOCI<E~SMl1H NoIoly PublIc CARUSLE 1OIlOUGH. CUMBERLAND COUNlV MvCommlAlon ExpIre< Dee 22. 2008 (SEAL) , ; , .~ ,,'" \ ....J .-' ~ Cf' .-,-r. :7. -~ \ r" ~ ::(.~ ,n \4: ~91q (:~8J >'7~ "",,,:"~ '( \_~..J, -...,~ ',~ ~ -.~ ~'-.- :..~,. -;:::. .' ~ - t! -- Barbara Sump1c-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 KRIST A K BAER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-757 RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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 statement herein are made subject to the penalties of 18 Pa C. S s4904 relating to unsworn falsification to authorities I DATE ~/;? ;/oc,- ( ~~y i~/~ RONALD W. BAER ( ..... COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RONALD W. BAER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !j3301(c) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me this J.~ day of A 0r I . L, 2005. NOTAIlW. 5EAI. JESSlCAA. HOCKBISMIIH NoloJy Publk: CAlIUSLE 1lOIlOUGH. CUMBERlAND COUNTY My CommIsoion exPIres Dee 22. 2008 ARYPUBLIC Commission Expires: SEAL) C) ~-. "-' c;:., 1;,:;::;J <.C' -n: ):;. -< ~ ~,., rl1-.= --nFn "'1' c::~() '1] ()(-J :C;(fl , . ':::::, ~ I N "" =-r,:: (~, -..J Barbara Sump Ie-Sullivan, Esquire Supreme Court #323 1 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTA K. BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO 2004-757 CIVIL RONALD W BAER, Defendant 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 i divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: Certified Mail, Restricted Delivery. ~ervice accepted February 27, 2004. . 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce ~ode: by Plaintiff: April 23, 2005; by Defendant: April 23, 2005. : 4. Related claims pending: All matters have been resolved pursuant to the Marital $ettlement Agreement reached by the parties dated April 23, 2005 and incorporated, but ~ot merged, into the Decree. See paragraph 5, page 4 of the Agreement. , 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: t,(pril 29, 2005. Date Defendant's Waiver of Notice in ~3301(c} ivorce was filed with Itothonotary: April 29, 2005. , / D~ted: April~, 2005 ,/ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-] 931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRIST A K BAER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2004-757 CIVIL RONALD W. BAER, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICA TE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and \correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter ~pon the following individual by first class mail, postage prepaid, addressed as follows: : ~ ~ATED: Apri$, 2005 (/ Mr. Ronald W. Baer 2578 Interstate Drive, Syite 100 Harrisburg, P A .1111 0 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court ID. No, 32317 Attorney for Plaintiff c) C ,...> ~ <.f' ::;:: :c::;.>' .....:. i.' \ ~> o .-n -' -j.: ...,-. \,nc:. ""'"11~' :_,."jZ;) :';:.,Cf, .'<:!) ''::.4-0 "-5'\" '~:;; ~ .,~ -,.,' -~ -- -- ,-" -, ,," " " " " " " " " + " " " " " " " " " " " " " + " + " + " " " " " " " " " " " " " + " + + + " " " " " " + " + " + + " + " " + + + " " " + " + " + " " " " " " " " " + " + " " " " " + " " " + " " + " + + " " " Of:f;!,;!, :t'~ ~~++++++ ++++ :+: ++++ +:+:+ :+ +++ +++ ++ :+: +++.++ +.+.+.+.+.+.++.+.+++.++.+++.+.+.~ + + IN THE COURT OF COMMON PLEAS ; + . OFCUMBERLANDCOUNTY + STATE OF PENNA. KRISTA K. BIIER, Plaintiff No. 04 - 757 VERSUS RONALD W. BIIER, Defendant DECREE IN DIVORCE AND NOW, ~ "I KRISTA K. BIIER 2005 , IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND RONALD W. BIIER , 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated April 23, 2005 and incorporated, but not merged, into the Decree. ATTE By THE COURT: ~~~~PPOT"O"OTAP' ;t';!' +. :+:+':+:++++:+:++'1' +:+:+:+'++'f+'f+ '+ +++++.++ ++.+.+.++ ++.++.+++++.+ +++++++++ J. . " " " . + . . " + + . + . + . " . " + " " " " + " + + + + + + + " + " . . . " + . + . . . . . . . . . . + . . . . . . . + + . . . + + " + . . . + . . + . . . . + . + . . . . . " + Of:+:+ +:+: ;/IT.f /1/-' ''7'''''- iV h ,. ~~ltr;<' ~ r ~.~ /4#.7 pfl .5"' 6 ." .' '.