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HomeMy WebLinkAbout08-5815a Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmescwire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff v. NO. CtiI -fr`m ROBERT H. KRAYBILL Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ANOUT 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 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 A Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmAtbmesguire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff V. NO. 0 ?- 5 )? L! ? '?G6n ROBERT H. KRAYBILL Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Anne C. Kraybill who resided at 430 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Robert H. Kraybill who currently resides at 430 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on June 18, 1988 in Dillsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Wherefore, Plaintiff requests the Court to enter a divorce decree under section 3301(c) of the Divorce Code. Law Office of Theresa Barrett Male /? '--4"?x Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: September 30, 2008 2 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. § 4904, relating to unsworn falsification to authorities. 11 Anne C. Kraybill Date: September 30, 2008 C"3 ?v \v ? 1 S ? ?r 03 -5 C 4 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmCciltbmesguire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff V. NO. ROBERT H. KRAYBILL Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authorized to accept service on behalf of defendant. Date: October 1, 2008 -?ct ? ? ? ? t a. J ti ?., ?;-- ? ???= : *C?? j ^ ? wc.. r `^3 I- Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@tbmesouire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL : Plaintiff V. NO. 08-5815 ROBERT H. KRAYBILL Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 1, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. AVC-)(L An a C. Kray 1 Date: February .E, 2009 2 r?- r- s ? ?! ?-"r ? ? ? i ?? ? "+J "`.! Law Orifice of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm0tbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff V. NO. 08-5815 ROBERT H. KRAYBILL Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. "_ %w ti I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. An e Date: February,21 , 2009 2 .- :?? ??=? ? ?? v J?- Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@ttxnesauire corn Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff V. ROBERT H. KRAYBILL Defendant NO. 08-5815 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 1, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. __ I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. L Robert H. Kraybill Date: February Z?2009 2 ?i N Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb?tbmesouire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE C. KRAYBILL Plaintiff V. NO. 08-5815 ROBERT H. KRAYBILL ; Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. i /z-/ W . Robert H. Kraybill Date: February Z 2009 2 -4 MARITAL SETTLEMENT AGREEMENT This Agreement is entered into on February 5 , 2009 between Anne C. Kraybill ("ANNE") and Robert H. Kraybill ("ROBERT"). RECITALS WHEREAS, ANNE and ROBERT were married on June 18, 1988 in Dillsburg, Pennsylvania; and WHEREAS, three children were born of this marriage: Jacob W. Kraybill (02/05/91), Joshua H. Kraybill (dob: 06/11/93), and Joseph R. Kraybill (dob: 06/11/93); and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, who intend to live separate and apart for the rest of their natural lives, and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, ANNE and ROBERT, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. I 1 - SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation. 12 - WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever 2 had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. ¶ 3 - EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. ANNE has filed a non-economic divorce complaint, and ROBERT'S counsel accepted service. If they have not done so before signing this Agreement, the parties will sign their affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree concurrently with executing this Agreement. 14 - DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 15 - HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 16 - SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of 3 this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. 17 - ADDITIONAL INSTRUMENTS Within ten (10) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes, ERISA waivers, or other writings that may be necessary to give full force and effect to this Agreement. ¶ 8 - AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. ¶ 9 - INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 110 - MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. ¶ 11 - NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 4 1 12 - APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 113 - ATTORNEYS' FEES, COSTS AND EXPENSES FOR ENFORCEMENT The breaching or defaulting party shall pay all reasonable legal fees, costs and expenses incurred by the other in enforcing this Agreement whether through court, mediation, collaborative practice, private contact between the parties and/or counsel, or other dispute resolution processes. 114 - VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 115 - DISCLOSURE OF ASSETS AND COLLABORATIVE PROCESS ELECTION After consultation with their attorneys regarding the options available for divorcing couples, ANNE and ROBERT chose the Collaborative Law process. In the Collaborative Law Participation Agreement which they signed before beginning their negotiations, ANNE and ROBERT waived certain rights, including the right to have a court assess or evaluate their real estate, personal property, estate and assets, earnings and income, and the right to seek discovery unless they otherwise agreed. The parties committed to full and fair disclosure of their assets, incomes, debts and all other information needed to reach a comprehensive settlement. 5 ANNE and ROBERT confirm that they had the opportunity to request and receive documentation, including financial statements, paystubs, and appraisals, and that they disclosed to each other their income, assets and liabilities. The parties waive any right to further disclosure, valuation, enumeration or statement of income, assets or liabilities, and neither party wishes to make or append to this agreement any additional enumeration or statement. During their negotiations, ANNE and ROBERT considered what might happen if certain issues were adjudicated in court, and had an opportunity to discuss independently with counsel their rights under the Divorce Code and other applicable laws. Nevertheless, they elected to enter into this agreement without regard to a court-adjudicated outcome. Throughout the Collaborative Law process, ANNE and ROBERT represented to each other that they were negotiating in good faith and that each fully and completely disclosed all financial information necessary or requested to resolve their property and support issues fairly. By signing this Agreement, they reaffirm those representations, upon which each party has relied in entering into this Agreement. The parties acknowledge that, other than inspecting the documents provided by the parties, their Collaborative attorneys have not made any independent investigation of the character, value, or extent of the parties' assets, debts or income. In entering into this Agreement, the parties are relying on their disclosures to each other and not on independent verification by their attorneys of the accuracy or completeness of the parties' disclosures. If either party later determines that the other has failed to disclose fully and fairly that party's income, assets and liabilities, the determining party retains a right to 6 assert against the other a claim for failure to disclose, including but not limited to imposition of a constructive trust. 117 - ADVICE OF COUNSEL ANNE retained as her Collaborative counsel Theresa Barrett Male, Esquire. ROBERT retained Carol J. Lindsay, Esquire as his Collaborative counsel. Each party acknowledges receiving independent legal advice from counsel, including all rights under the Divorce Code and other applicable laws. Additionally, each party's counsel has explained fully the provisions of this Agreement and their legal effect. 118 - EQUITABLE DISTRIBUTION ANNE and ROBERT have agreed to the following distribution: A. ROBERT'S Property. ROBERT shall retain as his sole and separate property all right, title and interest in and to: 1. The improved real estate located at 430 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17015 ("marital residence"). Prior to signing this Agreement, ANNE executed and delivered a deed transferring to ROBERT her right, title and interest in and to this property. From and after that date, ROBERT has been solely responsible for all costs and expenses associated with property. Additionally, before signing this Agreement, ROBERT satisfied the joint mortgage and the joint line of credit, thereby relieving ANNE from that liability. All title policies and any other policies of insurance with respect to this property were endorsed to reflect ROBERT as the sole owner. 7 2. Cumberland Valley Equine Services, including but not limited to equipment, inventory, M&T business checking account, accounts receivable, and the work truck. 3. Steel Nicolaus Simple IRA and Roth IRA. 4. Vanguard SEP IRA. 5. Any and all bank accounts, including checking, savings and money market accounts, titled in ROBERT'S name. 6. 1999 Ford F250. 7. 2005 Chevrolet 25001-1D. 8. The personal property, including household goods and furnishings, which ANNE and ROBERT divided outside this Agreement. 9. His Erie Life insurance policy (term). 10. Cash and/or other assets which he has received as an inheritance. B. ANNE'S Property: ANNE shall retain as her sole and separate property all right, title and interest in and to: 1. One hundred thousand ($100,000.00) dollars in cash which ROBERT paid her pursuant to paragraph 19, infra. 2. Steel Nicolaus IRA and Roth IRA. 3. All bank accounts, including checking, savings and money market accounts, titled in Wife's name. 4. The 2004 Toyota Sequoia. 8 5. Her Erie Life Insurance policies, including the cash value, if any, accumulated in her whole life policy. 6. The personal property, including household goods and furnishings, which ANNE and ROBERT divided outside this Agreement. C. Debts and Liabilities. ANNE and ROBERT have agreed to the following: 1. ROBERT will be solely responsible for timely payment and satisfaction of the: a) M&T business line of credit; b) Bank of America vehicle loan; c) Bank of America credit card debt; and d) the Sears credit card. 2. ANNE will be solely responsible for timely payment and satisfaction of the Wachovia Services vehicle loan. ANNE and ROBERT acknowledge and agree that this division of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible, satisfies finally and fully all claims which either party has or may have under the Divorce Code. With the exception of the parties' responsibility for the debts identified in paragraph C., any obligations incurred by either party in his or her individual name, whether incurred before or after separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9 1 19 - CASH PAYMENT Prior to signing this Agreement, ROBERT paid ANNE the sum of $100,000.00. This payment is in the nature of equitable distribution of assets and shall not be considered as alimony for federal income tax purposes. The parties acknowledge that this cash payment is the maximum which ROBERT was able to finance, and that ANNE is entitled to an additional payment of $20,000 in order to satisfy her marital interest in the real estate. ROBERT shall pay this sum to ANNE as alimony, as more particularly set forth in paragraph 20. ¶ 20 - SPOUSAL SUPPORT, APL AND ALIMONY Neither party shall pay spousal support or alimony pendente lite to the other, and both parties waive their right to claim such payments. Alimony ROBERT shall pay to ANNE as alimony the sum of $392.15 per month for a period of sixty (60) months. The first payment shall be made on March 1, 2009, and each succeeding payment shall be due not later than the 5th day of each month. ROBERT shall secure the alimony payments by designating ANNE as the beneficiary of his Erie Life Insurance policy in an amount sufficient to pay the entire amount of alimony due under this paragraph. These payments shall be deductible by ROBERT and shall be includible income to ANNE. As recommended by Joel A. Flinchbaugh, CPA, in his letter dated December 15, 2008, the payments include a gross-up to cover ANNE'S income tax liability. Revisions to 10 the Internal Revenue Code sections on alimony shall not affect the tax consequences of the alimony payments as agreed to by the parties in this paragraph. ROBERT'S alimony payments shall not terminate upon ANNE'S remarriage or cohabitation, but shall terminate on the death of either party. 121 - COUNSEL FEES AND EXPENSES Neither party shall seek reimbursement or contribution from the other for payment of legal fees, expert's fees, or any other expenses incurred in connection with this agreement or any action for divorce. 122 - TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this agreement with the understanding that the property transfers described in this agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Tax Returns To maximize college assistance for Jacob, ANNE and ROBERT intend to file separate income tax returns for 2008. If any deficiency in the parties' income tax is proposed as a result of any tax year in which the parties filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro- rata share according to their respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax 11 liabilities on the same pro-rata basis. If such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 123 - INDEMNIFICATION If either party initiates any claim, action or proceeding to hold the other party liable for any other debts, obligations, liability, act or omission of the other party, the defending party, at his or her sole expense, shall defend the other against any such claim or demand, whether or not well-founded, and shall indemnify and hold harmless the other party from all damages. "Damages" shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating, attempting to avoid, or opposing the imposition of damages, or in enforcing this provision against inaccurate 12 representations made by or on behalf of either party to the other, any breach of the warranties made by the parties in this Agreement, or breach or default in performance by either party of any obligations to be performed by such party under the terms of this Agreement. Husband and Wife shall notify the other in writing within five (5) days of service or other notice that any litigation has been threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. ¶ 24 - CONFIDENTIALITY From and after the execution date of this Agreement, neither party shall disclose to any third parties, including but not limited to family members, friends, and acquaintances, the terms of this Agreement. Either party may disclose and discuss these terms with their divorce attorneys, estate counsel, accountants, and other professionals whose expertise may be necessary to assist either party in handling their financial affairs. Neither party shall post in print or other media, or on the Internet, including on personal or third-party blogs, or on websites such as YouTube, any information, whether written, video, or other format, regarding this Agreement or the other party. "Information" includes but is not limited to: the other party's name, address, occupation, employer, family members, other identifying information, physical attributes, sexual preferences, and other relationships; history of the parties' relationship prior to the marriage, during the marriage, and after separation and divorce; fictionalized accounts of the parties' relationship and marriage; accounts of the court proceedings or other legal process involving the parties and their marriage and children, if any; and the posting party's opinions and views of the 13 other party, their relationship and marriage, and the other party's family, friends, and associates. If a party violates this provision, the other shall be entitled to entry of an order directing the offending party to shut down, remove and retract immediately all such postings and blogs, and awarding the violated party legal fees and costs pursuant to paragraph 13 of this Agreement, plus a sanction in the amount of $100.00 per day for each day on which the blog or other posting has been or remains available on the Internet and/or in print or other media. 125 - CHILD CUSTODY AND SUPPORT ANNE and ROBERT will share legal and physical custody of Jacob, Joshua and Joseph. ROBERT will pay ANNE $700.00 per month towards the boys' basic support and maintenance, in two monthly installments of $350.00 on the 1st and the 15th of each month. Additional expenses, such as for hockey, will be handled as they come up. Adjustments, if any, in the monthly support amount will be handled privately by ANNE and ROBERT. ANNE will take the dependency exemption for Jacob. ROBERT will take the exemptions for Joshua and Joseph, unless the exemptions do not help him with his federal income tax liability. If, however, the twins will get a boost in aid by having ANNE take the exemptions, she will do so. The parties' goal is to maximize the federal tax benefits to both, while also trying to get the best aid package for the children. 14 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness Theresa Barrett Male, Esquire Anne C. Kra ill Carol J. Lin ay, squire Robert H. Kraybill 15 C`? ? >?? c? __ ? ?,:.:J -? ? ' ?*. . t -v' ' :? ??? ?£ ti. (y,? i .. .f :-.1 ?.:_.b ':c.. Y.»3 _ .. I '? } t,? r_ ?` ?_ _ --G ANNE C. KRAYBILL, Plaintiff V. ROBERT H. KRAYBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5815 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Counsel for Defendant accepted service of the Complaint on October 1, 2008. Proof of service was filed with the Court on October 7, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 27, 2009 and filed with the Prothonotary on March 4, 2009. By Defendant: February 27, 2009 and filed with the Prothonotary on March 4, 2009. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated February 25, 2009 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 27, 2009 and filed with the Prothonotary on March 4, 2009. By Defendant: February 27, 2009 and filed with the Prothonotary on March 4, 2009. SAIDIS, ILONVER & eru 26 West High Street Carlisle, PA SAIDIS, FLOWER & SAY ?17 r? Carol J."LMd ' , Esquire Supreme C rt No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Defendant C`? ^a a 1 -; _13 ANNE C. KRAYBILL V. ROBERT H. KRAYBILL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5815 DIVORCE DECREE AND NOW, Oay- ` (117 it is ordered and decreed that ANNE C. KRAYBILL , plaintiff, and ROBERT H. KRAYBILL , 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.") 166 The terms of the attached Marital Settlement Agreement, datd February 25, 2009, are incorporated but not merged into this Decree in Divorce. By the Attest: J. rothonotary ????? ? ? ?? ? {? ?., .. b`;. ??