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HomeMy WebLinkAbout08-2703GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ELAINE M. KRAUSE, NO. ©? 17 0-3 CIVIL TERM Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 GARY L. KRAUSE, Plaintiff V. ELAINE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE COUNT I 1. Plaintiff is Gary L. Krause, an adult individual currently residing at 633 Observatory Road, Lewisberry, York County, Pennsylvania. 2. Defendant is Elaine M. Krause, an adult individual residing at Cloverleaf Road, Strinestown, York County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 24, 1982, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. Plaintiff and Defendant have agreed to proceed with this action in sthe Court of Common Pleas of Cumberland County, Pennsylvania pursuant to Pa. R.C.P. 1920.2(a)(2). 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 15. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT III ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 16. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their full text. 17. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 18. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 19. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, y L. Effie, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: Cc) GARY L. KR-! SE, Plaintiff ? O ?, ;P ? I os ! . 1 f t \t ri , r C.>J PACSES CASE NO. _ GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELAINE M. KRAUSE, NO. C AIO CIVIL TERM Defendant/Respondent : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Gary L. Krause, by and through his counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Gary L. Krause, an adult individual currently residing at 633 Observatory Drive, Lewisberry, York County, Pennsylvania. 2. Your Respondent is the above named Defendant, Elaine M. Krause, an adult individual currently residing at Cloverleaf Road, Strinestown, York County, Pennsylvania. 3. Petitioner's date of birth is May 18, 1956, and his Social Security number is 159-48- 0366. 4. Respondent's date of birth is September 6, 1961, and her Social Security number is 173-52-8152. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support himself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying his counsel fees, costs and expenses. 8. Respondent no longer resides in the property owned by the parties where Petitioner resides and Respondent is providing no financial assistance to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respef..41ly submitted, eYl"ey L. Griffie, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: i QQ GARY L. K USE, Plaintiff/Petitioner W`R fEI _- f . ? Y -tl V 4 '9 GARY L. KRAUSE, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2703 CIVIL TERM ELAINE M. KRAUSE, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 904109995 ORDER OF COURT AND NOW, this 30th day of April, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on May 15, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Bradley L. Griffie, Esq. James A. Miller, Esq. Date of Order: April 30, 2008 BY THE COURT, Edgar B. Bayley, President Judge A z1j. Ar J -M J. S day, on rence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ., GARY L. KRAUSE, Plaintiff/Petitioner VS. ELAINE M. KRAUSE, Defendant/Respondent GARY L. KRAUSE, Plaintiff VS. ELAINE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-2703 CIVIL TERM IN DIVORCE PACSES Case No: 904109995 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC REALTIONS SECTION CIVIL ACTION - SUPPORT DOCKET NO: 00307 S 2008 PACSES Case No: 201109940 ORDER OF COURT AND NOW to wit, this 13th day of May 2008, it is hereby Ordered that and the Complaint for Support filed April 8, 2008 and the Petition for Alimony Pendente Lite filed April 25, 2008 in the above captioned matter are continued generally as the parties are attempting to reach an agreement. In the event an agreement can not be reached, the matter can be relisted at the written request of ether party. BY THE COURT: G Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. James A. Miller, Esq. Form OE-001 Service Type: M Worker: 21005 c:? ?? a c° d GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELAINE M. KRAUSE, NO.O&`-? 7v 3 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, James A. Miller, Esquire, acknowledge that I received a true and attested copy of Plaintiff's Complaint in Divorce filed in the above captioned action by certified mail, restricted delivery to me on the date listed below. In addition, undersigned counsel is authorized to confirm that Defendant accepts jurisdiction of venue of this matter in Cumberland County, Pennsylvania. 1 DATE: _ t r s L4.R Qr o?L1C?? James filler, Esquire A ney for Defendant MILLER LIPSITT, LLC 765 Poplar Church Road Camp Hill, PA 17011 C hF t M . f Tit C= =l C..7 GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2703 CIVIL TERM ELAINE M. KRAUSE, IN DIVORCE Defendant/Petitioner PACSES CASE: 904109995 ORDER OF COURT AND NOW to wit, this 16th day of September 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite, in the above captioned case, is dismissed, without prejudice, pursuant to no action being pursued through the Domestic Relations Section since the filing date of April 25, 2008. THE N71 ck? Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. James A. Miller, Esq. Form OE-001 Service Type: M Worker: 21005 a : w gn CD a GARY L. KRAUSE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ELAINE M. KRAUSE, Defendant : CIVIL ACTION -LAW NO. 08-2703 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER GARY L. KRAUSE (Plaintiff) (DeLendai4), moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has- ie appeared in the action (perseaa4) (by her attorney, James A. Miller, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 3301 (c). (3) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (iiwelves) (does not involve) complex issues of law or fact. (5) The hearing is expected to take one heufs) (days). (7) Additional information, if any, relevant to the motion: Date: I I I i gI n? AND NOW, , 20 , _ appointed master with respect to the following claims: Esquire is By the Court: J. ORDER APPOINTING MASTER 11 vF A?rarw,r NOV 19 Ali 8: 27 C +AU, ti --=y lLi WUNTY P.NNSY ,VANA GARY L. KRAUSE, V. Plaintiff ELAINE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2703 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER GARY L. KRAUSE (Plaintiff) (Defend t), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ()Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has-met) appeared in the action (persem4) (by her attorney, James A. Miller, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 0301(c). (3) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: C. The action is contested with respect to the following claims: All of the above except divorce. (4) (5) (7) The action (iceelves) (does not involve) complex issues of law or fact. The hearing is expected to take one (fours) (days). Date: oillgld!? ORDER APPOINTING MASTER AND NOW, AJ , 20 ej C. Wood , Esquire is appointed master with respect to the following claims: Aj, 'X&& /d CLIAJ7,YA By V '<G`1 i?k' J. Additional information, if any, relevant to the motion: 1 au% Y 19 27 pMY! VAaNiA ? N , C ^ Y f=n, ?1C•? Q ?? C Z t LAE ? ca+ © a ry GARY L. KRAUSE, Plaintiff V. ELAINE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a_ CIVIL ACTION -LAW ° NO. 08-2703 CIVIL TERM c.? IN DIVORCE AFFIDAVIT OF CONSENT ?t 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April 25, 2008, and served on April 30, 2008, by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ()I A g , g0 GARY L. USE, Plaintiff GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ELAINE M. KRAUSE, NO. 08-2703 CIVIL TERM Defendant IN DIVORCE A rn WAIVER OF NOTICE OF INTENTION TO RE UES THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE w C 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 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 4 02o I C) GARY L PAUSE, Plaintiff GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW n ELAINE M. KRAUSE, NO. 08-2703 CIVIL TERM , Defendant IN DIVORCE AFFIDAVIT OF CONSENT 4. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on Rpril 25, 2008, and served on April 30, 2008, by certified mail, restricted delivery. 5. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 6. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Z `\ \ \O & ELAINE M. KRAUSE, Defendant GARY L. KRAUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NO. 08-2703 CIVIL TERM IN DIVORCE ?a w w ao ?s ELAINE M. KRAUSE, Defendant 4. 5 6 VER OF NOTICE OF INTENTION TO REOI THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: a, \ `, \ o ? y, C 1 wjzu ELAINE M. KRAUSE, Defendant D9f- -Z ?o3 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT T THIS AGREEMENT made this I S day of Fe? r j OL-??7 , 2010, by and between ELAINE M. KRAUSE, of 4 Lucie Drive Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND GARY L. KRAUSE, of 633 Observatory Road, Lewisberry, York County, Pennsylvania, 17339, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on April 24, 1982, in Cumberland County, Pennsylvania; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; C C= r, WHEREAS, it is the intention and purpose of this Agreement to set forth the, 7$sp utive is rights and duties of the parties while they continue to live apart from each other ank.ta-.sett1Z all financial and property rights between them; and r_ --Page 1 of 19-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 19-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 19-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 19-- 3.2 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they each have in their possession items of personal property that the other party wishes to retain and which the parties have agreed will be exchanged. More specifically, Wife will provide Husband with the items listed on Exhibit "A", attached hereto and incorporated herein by reference, by depositing those items with her legal counsel. Wife's legal counsel shall notify Husband's legal counsel that those personal property items are available in his office. Husband shall be afforded the opportunity to review those personal property items to confirm that they are present and available for him to retain. Husband shall provide to Wife, for purposes of her securing and retaining the items of personal property listed on Exhibit "B", attached hereto and incorporated herein by reference. The parties shall establish a time, within twenty-three (23) days of execution of this Agreement by both parties, when Wife may appear at the former marital residence of 633 Observatory Road, Lewisberry, Pennsylvania, for purposes of securing these items. Husband shall make those items available to Wife at the property so that Wife can secure and retain those items of personal property. Arrangements for Wife to secure these items of personal property shall be planned in anticipation of Husband having the opportunity to review his items of personal property at Wife's counsel's office as described above prior to Wife securing her items of personal property. After --Page 5 of 20-- Wife has secured her items of personal property, Husband may then secure his items of personal property directly from Wife's counsel's office. After the exchange of items as described herein, each party waives and releases any and all claim of any nature whatsoever to the personal property retained by the other party. The parties agree and acknowledge that this division of personal property, after the exchanges described above, shall be a complete and final division of their tangible personal property to their mutual satisfaction such that the parties acknowledge they shall have in their possession the furniture, appliances, household decorations and related items of tangible personal property that they wish to have and retain from that time forward. Neither party shall make any :claim whatsoever against the tangible personal property in the other party's possession beyond the exchange of property described above. 3.4 Life Insurance. The parties acknowledge and affirm, each to the other, that at the time of their separation in January 2008, neither party held any interest in any life insurance that had accrued any cash value such that neither party was insured at that time by any policy of insurance, being a whole life, universal life, or similar life insurance policy, that would otherwise have a cash value as of the time of separation. In the event that either party secured life insurance since the time of separation or in the event either party held life insurance at the time of their separation, which did not have a cash value and, thus, served as a term life insurance policy or similar policy, each party waives their right to have any interest whatsoever in such policies of the other party. Each party shall have the right to borrow against, change beneficiaries and exercise other incidents of ownership with any respective term life insurance policies without claim or right by the other party. In the event --Page 6 of 19-- it is necessary for either party to execute any documents to waive any interest in the other party's term life insurance, they will do so within fifteen (15) days of being requested to do so by the other party. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. 633 Observatory Road. Lewisberry York County Pennsylvania The parties are the joint owners of real estate, as tenants by the entireties, located at 633 Observatory Road, Lewisberry, York County, Pennsylvania. The property is encumbered with a mortgage due and owing to Members 1St Federal Credit Union. Within sixty (60) days of execution of this Agreement by both parties, Wife shall execute a special warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid real estate to Husband. Contemporaneously with delivery of the Deed, Husband shall either refinance the mortgage due and owing on the property to Members 1" Federal Credit Union or shall pay the mortgage due and owing to Members 1" Federal Credit Union in full, such that Wife shall no longer be an obligor on the mortgage. The Deed executed by Wife shall be held in escrow by Wife's legal counsel until such time as the refinancing or payoff of the mortgage occurs, which likewise must be within sixty (60) days of execution of this Agreement by both parties. Wife and her counsel shall do nothing which shall delay the refinancing or payoff of the mortgage. --Page 7 of 19-- From the date of execution of this Agreement, Wife waives, relinquishes and transfers any and all right, title or interest in the aforesaid real estate and shall make no claim of any nature whatsoever, legal or equitable, in any interest in the aforesaid real estate. Pending refinancing or payoff of the Members 1" Federal Credit Union mortgage, Husband shall be solely and exclusively responsible for repayment of the aforesaid mortgage and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said mortgage. 3.7 Pension. Retirement. Profit-Sharing. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in any retirement account held by Husband that Husband may have in his individual name or may have secured through his present or prior employment. This includes, but is not limited to, Husband's American Funds IRA Account No. xxxxxx and Husband's American Funds IRA Account No. xxxxxxxx. The parties further acknowledge that through a forced liquidation, Husband's interest in his Pennsylvania Auto Dealers' Exchange Retirement Savings Plan (P.A.D.E.) was liquidated and Husband no longer has an interest in said Plan. Husband has retained the proceeds from that Plan and they have been taken into consideration in this Agreement. Further, the parties acknowledge that Husband had a Morgan Stanley Retirement Account No. xxxxxxxxxxxx, which had a balance of $29.57 at the time of the parties' separation and just prior to the parties' separation, Husband liquidated and retained those funds. Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may in any retirement account held by Wife that Wife may have in her individual name or may have secured through her present or prior employment. This includes, --Page 8 of 19-- but is not limited to, Wife's Zimmer-Randall Associates, Inc. Profit Sharing Plan and Wife's American Funds IRA Account No. xxxxxxxx and American Funds IRA Account No. xxxxxxxx. Except as herein set forth, neither party has other retirement funds of any nature whatsoever. 3.8 Vehicles. The parties acknowledge that Wife has in her possession a certain 1999 Plymouth Prowler and a 2005 Jeep Grand Cherokee Limited. Husband shall execute the titles of the aforesaid vehicles within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel. Husband shall make no claim whatsoever relative to access to, use of or ownership of the aforesaid vehicles from the date of execution of this Agreement forward. In the event there is an encumbrance on either vehicle, Wife shall be solely and exclusively responsible for repayment of the aforesaid encumbrance and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said encumbrance. In the event there is an encumbrance on either vehicle, Husband shall not be obligated to execute the title to the vehicle until such time as the encumbrance is paid in full or refinanced such that Husband is no longer an obligor on the encumbrance. The parties acknowledge that Husband has in his possession a certain 1971 Plymouth Roadrunner and a 1999 Jaguar. Wife shall execute the titles of the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel. Wife shall make no claim whatsoever relative to access to, use of or ownership of the aforesaid vehicles from the date of execution of this Agreement forward. In the event there is an encumbrance on either vehicle, Husband shall be solely and exclusively responsible for repayment of the aforesaid --Page 9 of 19-- encumbrance and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said encumbrance. In the event there is an encumbrance on either vehicle, Wife shall not be obligated to execute the title to the vehicle until such time as the encumbrance is paid in full or refinanced such that Wife is no longer an obligor on the encumbrance. 3.9 Intangible Personal Pronem. At the time of the parties' separation, they held various intangible personal property items in their joint and individual names in the form of checking, savings, investment an(i similar financial accounts. Wife has and shall retain her accounts with Members 1st Federal Credit Union, docketed to Account No. xxxxx, and Husband shall retain his accounts with Members 1st Federal Credit Union, docketed to Account No. xxxxxx. Neither party shall make any claim of any nature whatsoever against the accounts held at Members 1st Federal Credit Union in the other party's name. In the event it is necessary for either party to execute any documents to remove their names from said accounts, they will do so within fifteen (15) days of being requested to do so by the other party. In addition, the parties hold joint financial investments with Financial Network, docketed to Account No. xxxxxxxxx and Financial Network/American Funds Account No. xxxxxxxx. These funds and investment accounts shall be transferred into Husband's name alone within ten (10) days of execution of this Agreement by both parties. From the time of execution of this Agreement forward, Wife makes no claim of any nature whatsoever relative to any interest or ongoing rights to these two investment accounts and shall execute any documents necessary to so waive or transfer her rights or interest in the investment accounts to Husband. --Page 10 of 19-- The parties further acknowledge that Husband was in a motor vehicle accident during marriage, which resulted in the establishment of an annuity, which will distribute funds to Husband in the future. The annuity is docketed to Claim No. xxxxxxxxxxxxxx. Husband shall be the sole owner of that annuity and Wife waives any claim whatsoever to rights to distribution or receipt of proceeds from that annuity from the time of execution of this Agreement forward. Neither party shall make any claim against the other relative to the various accounts the parties have retained and the various funds the parties have retained as set forth in this paragraph. In the event it is necessary for either party to execute any additional documents to consummate the distribution of intangible personal property in accounts as hereinbefore set forth, they will do so within fifteen (15) days of being requested to do so by the other party. 3.10 Lump Sum Distribution. In order to finalize the distribution of marital assets distributed herein, Wife shall compensate Husband through the distribution of a lump sum in the amount of THREE THOUSAND SIX HUNDRED AND XX/100 ($3,600.00) DOLLARS, which shall occur contemporaneously with the execution of this Agreement. Wife shall make such distribution, through counsel. After the distribution through counsel, neither party shall make any claim of any nature whatsoever relative to any proceeds or financial remuneration or distribution due from one party to the other from this time forward. ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party --Page 11 of 19-- has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite (APL), spousal support, and maintenance except as provided for herein. Further, the parties acknowledge that Wife has been compensating Husband an agreed upon amount of APL. Wife's obligation to compensate Husband any additional APL shall end on the date of execution of this Agreement by both parties. Any arrearage due to Husband shall be paid within fifteen (15) days of execution of the Agreement. The sum due to Husband from Wife under the APL Agreement shall be prorated to the date of signing the Agreement such that a partial month may still be due and owing to Husband, which Wife shall likewise promptly pay within fifteen (15) days of the date of this Agreement as well. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. --Page 12 of 19-- ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bradley L. Griffie, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, James A. Miller, Esquire. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, --Page 13 of 19-- whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now --Page 14 of 19-- and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. --Page 15 of 19-- 6.8 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. 6.9 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 16 of 19-- 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES THAT THE SIGNING OF THIS AGREEMENT AND RESPECTIVE COUNTERPARTS IN A MANNER THAT PROVIDES A SIGNED AGREEMENT WITH ONE PARTY'S ORIGINAL SIGNATURE AND THE OTHER PARTY'S PHOTOCOPIED SIGNATURE SHALL SERVE AS A BINDING AGREEMENT FROM THE DATE OF THE SECOND SIGNATURE ON THE --Page 17 of 19-- DOCUMENT WITH THE UNDERSTANDING THAT THE PARTIES SHALL CONTINUE TO CIRCULATE THE DOCUMENTS WITH ORIGINAL SIGNATURES IN ORDER TO SECURE, AT LEAST, ONE ORIGINAL COPY WHICH HAS ORIGINAL SIGNATURES, WITNESSING AND NOTARIZATION FOR BOTH PARTIES. WITNESSED BY: Date ELAINE M. KRAUSE Date GARY L USE *The original Separation and Property Settlement Agreement being filed of record has had the parties' account numbers redacted for confidentiality purposes. --Page 18 of 19-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF /,,?G?? On this I day of , 2010, before me, the undersigned officer, personally appeared ELAINE M. KRAUSE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ??SYI.VAMV? tN? W µglsruNotoy ?? Coutsb prpY1? 30 2013 Ca°n COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lcvw' On thiO day of &/V , 2010, before me, the undersigned officer, personally appeared GARY L. KRAUSE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?-t a-5_-ieAL ?k ROHM J. &A"M MOt?iq Pub11C CAE rO oM19 N W CW KWX E --Page 19 of 19-- HUSBAND'S PERSONAL PROPERTY ITEMS 1. Grandpa Krause's Pennsylvania driver's license 2. Grandpa Haiviar's pocket watch 3. Grandpa Haiviar's 32 uncirculated silver dollar coins in a First National Bank of Allentown bank bag 4. Home videos of the home and the marital real estate Exhibit "A" r. WIFE'S PERSONAL PROPERTY ITEMS 1. Plymouth Prowler with car cover and battery charger 2. Kitchen phone 3. Two old kitchen scales 4. Old coffee grinder 5. Old antique kitchen utensils 6. Jelly cabinet with the items in it 7. Wine bottle light 8. Dining room serving cart with the silk plants 9. China and wine glasses from china hutch 10. All music boxes (appx. 150) 11. Two glazed ceramic bowls (one in dining room and one in living room) 12. Old antique fan in living room 13. Dress shoes from third bedroom closet 14. Small Christmas tree from closet 15. Antique water pump 16. Sunflower window 17. Sunflower table 18. Rocking horse 19. Disney movies 20. Curio cabinet in basement 21. Variety of old and handmade Christmas ornaments from basement 22. Box of Christmas decorations in storage above kitchen 23. Snowmen and old Father Christmas under the bed in 2nd bedroom 24. Rod iron wall hanging 25. Bird cage with candle in living room 26. Hershey Park carousel horse 27. Black iron stand in living room 28. Clock from living room coffee table 29. Silver throw in living room 30. Ducks and geese from living room 31. Lizzy high dolls in basement 32. Pool cue 33. Black derby hat 34. All Noah's from 2nd bedroom 35. Electric staple gun 36. Picture of Ellen and Shelly from living room table 37. Recipe box/books 38. Antique telegraph in kitchen Exhibit "B" GARY L. KRAUSE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 2703 CIVIL ELAINE M. KRAUSE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2010, the economic claims raised in the proceedings having been resolved in accordance with a separation and property agreement dated February 1, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ? Bradley L. Griffie Attorney for Plaintiff James A. Miller Attorney for Defendant ;Z/1 BY THE COURT, 4KevA. Hess, P.J. ? ev = a M . ` C i7 f1? . C? __f xl? Cr.J ? SEPARATION AND PROPERTY SETTLEMENT AGREEMENT ST THIS AGREEMENT made this I day of Feb o j , 2010, by and between ELAINE M. KRAUSE, of 4 Lucie Drive Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND GARY L. KRAUSE, of 633 Observatory Road, Lewisberry, York County, Pennsylvania, 17339, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on April 24, 1982, in Cumberland County, Pennsylvania; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 19-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 19-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 19-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 19-- 3.2 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they each have in their possession items of personal property that the other party wishes to retain and which the parties have agreed will be exchanged. More specifically, Wife will provide Husband with the items listed on Exhibit "A", attached hereto and incorporated herein by reference, by depositing those items with her legal counsel. Wife's legal counsel shall notify Husband's legal counsel that those personal property items are available in his office. Husband shall be afforded the opportunity to review those personal property items to confirm that they are present and available for him to retain. Husband shall provide to Wife, for purposes of her securing and retaining the items of personal property listed on Exhibit "B", attached hereto and incorporated herein by reference. The parties shall establish a time, within twenty-three (23) days of execution of this Agreement by both parties, when Wife may appear at the former marital residence of 633 Observatory Road, Lewisberry, Pennsylvania, for purposes of securing these items. Husband shall make those items available to Wife at the property so that Wife can secure and retain those items of personal property. Arrangements for Wife to secure these items of personal property shall be planned in anticipation of Husband having the opportunity to review his items of personal property at Wife's counsel's office as described above prior to Wife securing her items of personal property. After --Page 5 of 20-- Wife has secured her items of personal property, Husband may then secure his items of personal property directly from Wife's counsel's office. After the exchange of items as described herein, each party waives and releases any and all claim of any nature whatsoever to the personal property retained by the other party. The parties agree and acknowledge that this division of personal property, after the exchanges described above, shall be a complete and final division of their tangible personal property to their mutual satisfaction such that the parties acknowledge they shall have in their possession the furniture, appliances, household decorations and related items of tangible personal property that they wish to have and retain from that time forward. Neither party shall make any =claim whatsoever against the tangible personal property in the other party's possession beyond the exchange of property described above. 3.4 Life Insurance. The parties acknowledge and affirm, each to the other, that at the time of their separation in January 2008, neither party held any interest in any life insurance that had accrued any cash value such that neither party was insured at that time by any policy of insurance, being a whole life, universal life, or similar life insurance policy, that would otherwise have a cash value as of the time of separation. In the event that either party secured life insurance since the time of separation or in the event either party held life insurance at the time of their separation, which did not have a cash value and, thus, served as a term life insurance policy or similar policy, each party waives their right to have any interest whatsoever in such policies of the other party. Each party shall have the right to borrow against, change beneficiaries and exercise other incidents of ownership with any respective term life insurance policies without claim or right by the other party. In the event --Page 6 of 19-- it is necessary for either party to execute any documents to waive any interest in the other party's term life insurance, they will do so within fifteen (15) days of being requested to do so by the other party. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. 633 Observatory Road. Lewisberry York County Pennsylvania The parties are the joint owners of real estate, as tenants by the entireties, located at 633 Observatory Road, Lewisberry, York County, Pennsylvania. The property is encumbered with a mortgage due and owing to Members 1" Federal Credit Union. Within sixty (60) days of execution of this Agreement by both parties, Wife shall execute a special warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid real estate to Husband. Contemporaneously with delivery of the Deed, Husband shall either refinance the mortgage due and owing on the property to Members 1S` Federal Credit Union or shall pay the mortgage due and owing to Members 1" Federal Credit Union in full, such that Wife shall no longer be an obligor on the mortgage. The Deed executed by Wife shall be held in escrow by Wife's legal counsel until such time as the refinancing or payoff of the mortgage occurs, which likewise must be within sixty (60) days of execution of this Agreement by both parties. Wife and her counsel shall do nothing which shall delay the refinancing or payoff of the mortgage. --Page 7 of 19-- From the date of execution of this Agreement, Wife waives, relinquishes and transfers any and all right, title or interest in the aforesaid real estate and shall make no claim of any nature whatsoever, legal or equitable, in any interest in the aforesaid real estate. Pending refinancing or payoff of the Members 1" Federal Credit Union mortgage, Husband shall be solely and exclusively responsible for repayment of the aforesaid mortgage and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said mortgage. 3.7 Pension, Retirement, Profit-Sharing. Wife hereby waives, relinquishes and )ransfers any and all of her right, title and interest she has or may have in any retirement account held by Husband that Husband may have in his individual name or may have secured through his present or prior employment. This includes, but is not limited to, Husband's American Funds IRA Account No. xxxxxx and Husband's American Funds IRA Account. No. xxxxxxxx. The parties further acknowledge that through a forced liquidation, Husband's interest in his Pennsylvania Auto Dealers' Exchange Retirement Savings Plan (P.A.D.E.) was liquidated and Husband no longer has an interest in said Plan. Husband has retained the proceeds from that Plan and they have been taken into consideration in this Agreement. Further, the parties acknowledge that Husband had a Morgan Stanley Retirement Account No. xxxxxxxxxxxx, which had a balance of $29.57 at the time of the parties' separation and just prior to the parties' separation, Husband liquidated and retained those funds. Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may in any retirement account held by Wife that Wife may have in her individual name or may have secured through her present or prior employment. This includes, --Page 8 of 19-- but is not limited to, Wife's Zimmer-Randall Associates, Inc. Profit Sharing Plan and Wife's American Funds IRA Account No. xxxxxxxx and American Funds IRA Account No. xxxxxxxx. Except as herein set forth, neither party has other retirement funds of any nature whatsoever. 3.8 Vehicles. The parties acknowledge that Wife has in her possession a certain 1999 Plymouth Prowler and a 2005 Jeep Grand Cherokee Limited. Husband shall execute the titles of the aforesaid vehicles within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel. Husband shall make no claim whatsoever relative to access to, use of or ownarrship of the aforesaid vehicles from the date of execution of this Agreement forward. In the event there is an encumbrance on either vehicle, Wife shall be solely and exclusively responsible for repayment of the aforesaid encumbrance and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said encumbrance. In the event there is an encumbrance on either vehicle, Husband shall not be obligated to execute the title to the vehicle until such time as the encumbrance is paid in full or refinanced such that Husband is no longer an obligor on the encumbrance. The parties acknowledge that Husband has in his possession a certain 1971 Plymouth Roadrunner and a 1999 Jaguar. Wife shall execute the titles of the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel. Wife shall make no claim whatsoever relative to access to, use of or ownership of the aforesaid vehicles from the date of execution of this Agreement forward. In the event there is an encumbrance on either vehicle, Husband shall be solely and exclusively responsible for repayment of the aforesaid --Page 9 of 19-- encumbrance and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of said encumbrance. In the event there is an encumbrance on either vehicle, Wife shall not be obligated to execute the title to the vehicle until such time as the encumbrance is paid in full or refinanced such that Wife is no longer an obligor on the encumbrance. 3.9 Intangible Personal Property. At the time of the parties' separation, they held various intangible personal property items in their joint and individual names in the form of checking, savings, investment andsimilar financial accounts. Wife has and shall retain her accounts with Members 1" Federal Credit Union, docketed to Account No. xxxxx, and Husband shall retain his accounts with Members I 1 Federal Credit Union, docketed to Account No. xxxxxx. Neither party shall make any claim of any nature whatsoever against the accounts held at Members 15` Federal Credit Union in the other party's name. In the event it is necessary for either party to execute any documents to remove their names from said accounts, they will do so within fifteen (15) days of being requested to do so by the other party. In addition, the parties hold joint financial investments with Financial Network, docketed to Account No. xxxxxxxxx and Financial Network/American Funds Account No. xxxxxxxx. These funds and investment accounts shall be transferred into Husband's name alone within ten (10) days of execution of this Agreement by both parties. From the time of execution of this Agreement forward, Wife makes no claim of any nature whatsoever relative to any interest or ongoing rights to these two investment accounts and shall execute any documents necessary to so waive or transfer her rights or interest in the investment accounts to Husband. --Page 10 of 19-- The parties further acknowledge that Husband was in a motor vehicle accident during marriage, which resulted in the establishment of an annuity, which will distribute funds to Husband in the future. The annuity is docketed to Claim No. xxxxxxxxxxxxxx. Husband shall be the sole owner of that annuity and Wife waives any claim whatsoever to rights to distribution or receipt of proceeds from that annuity from the time of execution of this Agreement forward. Neither party shall make any claim against the other relative to the various accounts the parties have retained and the various funds the parties have retained as set forth in this paragraph. In the event it is necessary for either party to execute any additional documents to consummate the distribution of intangible personal property in accounts as hereinbefore set forth, they will do so within fifteen (15) days of being requested to do so by the other party. 3.10 Lump Sum Distribution. In order to finalize the distribution of marital assets distributed herein, Wife shall compensate Husband through the distribution of a lump sum in the amount of THREE THOUSAND SIX HUNDRED AND XX/100 ($3,600.00) DOLLARS, which shall occur contemporaneously with the execution of this Agreement. Wife shall make such distribution, through counsel. After the distribution through counsel, neither party shall make any claim of any nature whatsoever relative to any proceeds or financial remuneration or distribution due from one party to the other from this time forward. ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party --Page 11 of 19-- has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite (APL), spousal support, and maintenance except as provided for herein. Further, the parties acknowledge that Wife has been compensating Husband an agreed upon amount of APL. Wife's obligation to compensate Husband any additional APL shall end on the date of execution of this Agreement by both parties. Any arrearage due to Husband shall be paid within fifteen (15) days of execution of the Agreement. The sum due to Husband from Wife under the APL Agreement shall be prorated to the date of signing the Agreement such that a partial month may still be due and owing to Husband, which Wife shall likewise promptly pay within fifteen (15) days of the date of this Agreement as well. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. --Page 12 of 19-- ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bradley L. Griffie, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, James A. Miller, Esquire. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, --Page 13 of 19-- whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or_ liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now --Page 14 of 19-- and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. --Page 15 of 19-- 6.8 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. 6.9 Severability. If any term, condition, clause, section, 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. Like'Wise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 16 of 19-- 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES THAT THE SIGNING OF THIS AGREEMENT AND RESPECTIVE COUNTERPARTS IN A MANNER THAT PROVIDES A SIGNED AGREEMENT WITH ONE PARTY'S ORIGINAL SIGNATURE AND THE OTHER PARTY'S PHOTOCOPIED SIGNATURE SHALL SERVE AS A BINDING AGREEMENT FROM THE DATE OF THE SECOND SIGNATURE ON THE --Page 17 of 19-- DOCUMENT WITH THE UNDERSTANDING THAT THE PARTIES SHALL CONTINUE TO CIRCULATE THE DOCUMENTS WITH ORIGINAL SIGNATURES IN ORDER TO SECURE, AT LEAST, ONE ORIGINAL COPY WHICH HAS ORIGINAL SIGNATURES, WITNESSING AND NOTARIZATION FOR BOTH PARTIES. WITNESSED BY: AtkAk/La Date ELAINE M. KRAUSE t a °t I [? 9c 6 -4 Date GARY L RAUSE *The original Separation and Property Settlement Agreement being filed of record has had the parties' account numbers redacted for confidentiality purposes. --Page 18 of 19-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this / day of f , 2010, before me, the undersigned officer, personally appeared ELAINE M. KRAUSE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. vv?? Epp. jjj 4F Pte' OM,W " a µ 6 r. "06ty ptoc dy FAA tv?. Curnbe 34 2018 ? Conn?OQ COMMONWEALTH OF PENNSYLVANIA COUNTY OF L On this?q? day of 2010, before me, the undersigned officer, personally appeared GARY L. KRAUSE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL ?Ellt 5 11OWN.J. MssETT N010ry Public C P* COM"I'M F11?E flOgpUOy' CWAIMA rD CglNiv Apr 17, 2011 --Page 19 of 19-- HUSBAND'S PERSONAL PROPERTY ITEMS 1. Grandpa Krause's Pennsylvania driver's license 2. Grandpa Haiviar's pocket watch 3. Grandpa Haiviar's 32 uncirculated silver dollar coins in a First National Bank of Allentown bank bag 4. Home videos of the home and the marital real estate Exhibit "A" WIFE'S PERSONAL PROPERTY ITEMS 1. Plymouth Prowler with car cover and battery charger 2. Kitchen phone 3. Two old kitchen scales 4. Old coffee grinder 5. Old antique kitchen utensils 6. Jelly cabinet with the items in it 7. Wine bottle light 8. Dining room serving cart with the silk plants 9. China and wine glasses from china hutch 10. All music boxes (appx. 150) 11. Two glazed ceramic bowls (one in dining room and one in living room) 12. Old antique fan in living room 13. Dress shoes from third bedroom closet 14. Small Christmas tree from closet 15. Antique water pump 16. Sunflower window 17. Sunflower table 18. Rocking horse 19. Disney movies 20. Curio cabinet in basement 21. Variety of old and handmade Christmas ornaments from basement 22. Box of Christmas decorations in storage above kitchen 23. Snowmen and old Father Christmas under the bed in 2"d bedroom 24. Rod iron wall hanging 25. Bird cage with candle in living room 26. Hershey Park carousel horse 27. Black iron stand in living room 28. Clock from living room coffee table 29. Silver throw in living room 30. Ducks and geese from living room 31. Lizzy high dolls in basement 32. Pool cue 33. Black derby hat 34. All Noah's from 2"d bedroom 35. Electric staple gun 36. Picture of Ellen and Shelly from living room table 37. Recipe box/books 38. Antique telegraph in kitchen Exhibit "B" GARY L. KRAUSE, Plaintiff V. ELAINE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS?;?,VA1I A CIVIL ACTION - LAW ; ?- M NO. 08-2703 CIVIL TERM NJ 7 IN DIVORCE Fri 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 §3301(c) 3301(d)(1) of the DiVBFee Cede (Strike out inapplicable section). 2. Date and manner of service of the Complaint: April 30, 2008 by certified mail, restricted delivery to attorney of record 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: January 29, 2010 by Defendant: February 1, 2010 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 3, 2010 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 3, 2010 riffi ,Esquire RI IE & ASSOCIATES Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF GARY L. KRAUSE CUMBERLAND COUNTY, PENNSYLVANIA , V. ELAINE M. KRAUSE NO. 08-2703 DIVORCE DECREE AND NOW, it is ordered and decreed that GARY L. KRAUSE, plaintiff, and ELAINE M. KRAUSE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, dated February 1, 2010, is incorporated herein, but not merged. By the Court, Attest: J. c Prothonotary ?3?a•?o ?-? ?? ??? ¢?? ??z