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Home My WebLink About04-08-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of CARROLL E. KRAMER also known as COUNTY, PENNSYLVANIA File Number ~J - U"I - (~ 2 Social Security Number 18412-3457 Petitioner(s), who is/aze 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the CO-EXECUTORS last Will of the Decedent dated 02-14-2005 and codicil(s) dated ~-142009 named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (Ifapplicable, enter: c.ta; d.b.n.c.ta; pendente Iite; durante absentia; durance mtnorctate) Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following s~se (if any) a~t-eirs: (If ministration, c.t.a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) O .rte - ~ ~ ~. '_1 ~_ Name Relationshi Resi¢~ri - C` %t7 - , :7 '- =T'I I ~ ~ "-- r - - _'.~ _ _ _ ._~ ~__ ~ __- (COMPLETE INALL CASES:) Attach additional sheets if necessary. ?~ :. _._ O Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her Iasi principal residence at C!i 13 MIDLAND ROAD, NEWVILLE, PA 17241 _ Wa ct Pann churn T`...,n ~>1~ „ (List street address, town/city, township, county, state, zip code) Decedent, then ~ years of age, died on MARCH 28, 2009 ~ CARLISLE REGIONAL MEDICAL CENTER, S. MIDDLETON TWSHP CARLISLE PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 150,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: ~~~ ~,~ ~-, , yy~ /~ ~.~~,,~ I ANrrA M. MC COY, 230 CANDLELITE DRIVE, CARLISLE, PA 17013 Form RW-02 rev. 10.]3.06 Page 1 of 2 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS The Petitioner(s) above-named sweaz(s) or affirm(s) that the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will weal and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~_ ~y of ~""__ Signature of Personal Representative rv r.~ x~ "'L~ 1 C~ _~ For the Register Signature of Personal Representative _ ~. =r~ r~-- ~T..~ - _rt f :~. C : ;' ; File Number: > ~J `~~~ _.... :- ~~ O Estate of CARROLL E. KRAMER , Decked O Ul Social Security Numbe(r:~184-12-3457 Date of Death; MARCH 28, 2009 AND NOW, .(~_~ Q ~'"j L in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY aze hereby granted to ANITA M. MC COY & FRANKLIN C. KRAMER and that the instrument(s) dated FEBRUARY 14, 2005 in the above estate described in the Petition be admitted to probate and filed of re~ord as the last~iWill (and Codicil(s)) of Decedent. FEES Letters ............... $ 0O , c.:.~j Short Certificate(s) ........ $ Renunciation(s) .......... $ ~ ~x~ ~~~ . \ ... $_ 15 .rte ~'~ ... $'IS~OJ ... $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 0~ Siggnature of sonal Representatrve ~ i Attorney Signature: Attorney Name: WILLIAM A. DUNCAN Supreme Court I.D. No.: 22080 Address: 1 IRVINE ROW CARLISLE, PA 17013 Telephone: 717-249-7780 Form RW-02 rev. 10.!3.06 Page 2 of 2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. hce f(Yr this certil~icute. `~6.0O a Certificalu>n Nu17)bcr '"",,,,,,,,,,,;;.,. This is to rertif~ that the information hart <__yi~~en i /~~~~H OF p\f~~~ -- a>rrectl~' copied from an original Certificate of 1~eaU ~~~ ~ \ ~~ dlll~ filed ~.ith nr.~ a, 1_oral Re~~istrar. The Ori~rina ~~ ,~ zi certificate ~~-ill he ti>rwarded to the Slate Vita ~I, ~'; a ReroreLs Otrice 1~Yr pernnu)ent filin~~- _ t ~99lMfNT OF~~Q'11 ~~ ~ ~.c~R~,r~lpek~tX" ,,,,,,,,,,, ------------ ---- ~/ 2oag Local Regislra) ~hllc issued C7 N 0 ~~ ~ _'? ~ ~' ~. l.J. )7 W - I -`~ ~ ~ 't ~ ~~ . ~ :'..r.: ~ ~ ~ O H10S 713 REV 1112000 TYPE / PRIM IN PERMANENT BUCK INK t. N/om''~a a~ Deceaem (Rrsl, middre, feel, sumx) I..AR-'CYl:1 ~ E . 5. Aga ILesl Blnhmyl under 1 kware 86vrs. ' BU. CnaNy of Deeds ~~ ~ Cumberland 11. Deadem'a Usual Kind a work < Hind dWark Master Carpenter 18. DaoadarrYaMahm AAr..e ro..x .... ~._ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 2. Sex 3. Sacal Secunry Number 4. Dale d Deem (Monet, tley, year) ~'r._ n„"•• Male 184 - 12- 3457 ~1,.._.. wx no m Hme IAwAae - - - - `""^"'7r or ueam (Cneck ody one) - - Aug. 12, 1922 Bloserville, PA °"'°` ar. cry, aom. rwp. a Deem ®mpetient ^ ER / pulpatlent ^ DDA ^ Naming Hare ^ Residence ^olhar ~ seedy: Bd. Fetlly Name (II not instllutlon, give wee and rxnaer) 9. Was Decadent a Hi6 s Carlisle Re (Il yes, Pemc Odgln. [ENO ^res 1p.Race: grrericen lndan, Blade WlYle ea. S. Middleton Twp, gional Medical Center °~'D~n~ Mexican, pueM Rlran, ets.> (sPeCM White e du ~ roost d 8re. Do nd sere rati 12. Wee Decedent ever in the 13. DecredenYS Ed«alion (Seedy only highest reds corn tad 14. Maaa Satus: Meme4 Nava Meme4 15. Survivor Kkltl d Biasses! Irxasby U.S. Amled r-aces? Elartienlery /Secondary (0.12) CoNege (1-0 «~) ) Widovred, DN«ced (SpxrM 9 SPOase (If wile, give maiden name) US Army War Coll ge ®Yee ^Na Married Verneda Cohick .sal., zip ccee) Decedem~s PA A nel Resicimca 17a. seta °i° °ecedenl Newville, PA 17241 ~""na ,7o.®ves.DerreawaLroedw, W• Pennsboro Cumberland T""~^p? Twp. ' 17b. County 17d. ^ No, Dendent Lived wahin 18. FatlwY9 Name (FkeL nktlde, last, Sufix) Actual Limds d Coy / Bea Walter F . Kramer 19. Momer'a Name (Rrsl, middle, maden wmame) 20a. Inlemanre Name Minnie Lehman (type / Pdd) Verneda Kramer 28b.InfrnnanYS Mapag Address (Street, dy/bwn slate zq code) 13 Midland Rd., Newville, PA 17241 z1a Method a Diepmgan D~P«aan ( ~ w ® Drxiel ^ Removal n«n sate ^ Dr°"""°" ^ Dmamn zm. Dare a Y rear) z1c. Pace a Dispasibon (Name d oarnetery. «emeary «dlrer wu crmwan « pan.non AWh«Iad Pa«) 21a. Lomlim Isar / awn, sate. zip cotlal " ^ ~^°r i- byMedlalExemYrarYCor«pr7 ^ree^w April 3, 2009 St. PetersLutheran Cemetery zza ' a ~xbmis~«ugryae( „d,) ~ Newville, PA 17241 ~ - - ~~F ~` "°nMendA°~°s°aFBC"~' Ho man-Roth unera ome rematory, nc. 013144E 219 N. Hanover St., Carlisle, PA 17013 pliyanWr a mt aaVaiiaw a one as ate o zsa. To me Hen a mY k~owledBe, aewm Drosses al me one, ma am pieta amred. (sgnaa,m and wal 23b. License Nunber «dXy cause a daslh. 23c. Date Signed (Noah, day, Year) same 24-28 mitt he cargletetl by pemon 24. Time d Deem 25. Dam Proounced peed (Made day year) wtp prepraKes deem Q ~ ~~ hM March 28, 2009 28. Wae Case RaMmetl a MetlkM Examiner / Coroner ar a Reason Omer men Cremellon «D«reaon? ^Y~ C}I~ CAUSE OF DEATH (Sea Instrudbne antl eaampba) Item 27. Pan I: Eder the d]~fl d eveds -dieemes, lMunea, «rorrylce8pw - Xta 6fB1'~ Cau9ed tlw deem. W NDT enter lermhal evens l t h , Approxlmere idenel: Pad II: Enter other ~ . reap re suc py arrest, «ventnmder Abnlledon wataM a IxmAp the e8obgy. fiat aMY one cause m each Ins. as waac enact, Omel a Death bd nd reeulhg in dw wdenybg cause gNan in Part L 2B. Da Tdlacw Use Cenmbule a Dam? ^ Ves ^ probaMY WNEDIATE CAUSE fYlsl daease a ronalmreeaa,g"~°'") Cl • r ^ ^w llnlorown -~ a. ~reliOQa.~ ic 5\ncY1~ Due a (« es a co naeyu-~T 1 i ~L°x_'U- ~a.~(O f (2 1'tt.C~ c c~1~c+ ~M; 29.8 Female: ^ (^ fat ro«ltlore, it arty, D. l ~ }_ !_h 'C_ ~~ ka6~q a CBUSe lead an fie e. ~Cz 1 ms's ~ J hC f~fl^~ 1P1 -~-t s~.~ Emer me UImE{~ D ~~ ~ ± ^ Not pregrerd wimp Past Year ^ YWB CAUSE ue a (a a8 a C«ISequeno9 oX: IUSeab «a m t a ~ -.L]L.,.,t~x• J IGrr+ fJ HV'~F '(~ln! ~^a^I et time d deem rp.y a a.ted ale a M b rewlting n de9m) LAST. ^ Nd Pregrent. but pragrunl waan 42 deYs Due a (or as a consequence oR: d deem d. ' ^ Nd pregnam, Out pregneM 43 days a t year 3fle. Web an Atnaley Sob. Ware gWOpay FlnOigs PMarmed? Avelede Prior to Canplaan 31. Memar a Deem r 32e. Dare of Irry'ury (Mmm, daY. Year) 32b. DeaaDe How Iry'ury Occurred baste deem ^ Unknown d ~ Yee, d Cause d Deam7 II~x,xe1 ^ Ilorrw.'Ide Natural 32c. Placed 1 ' ry: flare, Fam SbeeL Fedory office Hwang, ao. (SPec'iq'1 ^ vas ^ Yes ^ Na ^ gcadem ^ PerVTng Imenigdbn azd. Time d Inlury 32e. Irgary al wake 521. d rransponalian misty (spedry, 3z . Esteem d 1 'a a ^ Bustle g M ry ( reel, MY /town, seta) ^ cwa Na be Determined M ^ res ^ No ^ Dover / owrel« ^ Paaaerger ^Petlealrfan 33e. Denilier (dreg say onel ^Dma - Specrly: ' ~Mrre IMYelean (Physiden reniying cause of seam wnen arnnar 33b. 5gnawre rna To the beat d m MYSidan Has Pronounced death end rompleted Item 23) ~ r Yknow+sax,danhocwrreddearomeaase,gandmannaraawrer>--------------------------------- ^ - • o std cenltymg plrysalen (Physaan both praauncing Beam era ceniying 1o rouse e1 deem, w Y n«Vbdge, dnatn ottumad a the tlme, date. and piece, end due to Ua cause(s) and manner as eated_ _ _ _ -. 33d. Dale Signed (Mmm, day, Year) w ltadleal Examhwr/COrarer __-___-_--__ nseN r and,.~.lad.x.minalane,d,«kw.,Bg.Hen,InmYapla.n.daamottamaddth.„a,a.d.t..sects.n.aadaratathaaa,.(,,m,dm.nr~a,.at~ ^ 1~-iolri.h as aocq ~ D~ . 34. Name era AtlMess of Person Whe Cortpleted Cause of Deam (Irern 27) Type /Print ~ 35. RagislreYe ~~ ~ - "`~ ~ f ~, I 1 f a I ~ f ~ f ~ re Flad,Mamh, der, year) i~isha Si-e~e~nS CG,'1 i; ie , P R Dlsposiaon Penns NO. (/:~~.~~a7. ~,s't rl'1' ~rr~ ~es~t~nrerrt ~, ®~ ~ ~ x~ 7-> J (~`~ w~h ~ i. .. ..1 _~ I, Carroll E. Kramer, of 43 West South Street, Carlisle, Cu~inberlanc~', ~`{ County, Pennsylvania, being of sound mind, meirlory and distribution, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. first' I direct that the expenses of my last illness and funeral be ~~ paid from my estate as soon as may be convenient after my death. ~\ `~\ \ ~ieco~rb: I give, devise and bequeath all the rest, residue and \~ remainder of my estate, real, personal and mixed, of whatsoever nature and wheresoever situate, to my children, ANITA M. McCOY, FRANKLIN C. , KRAMER, DEBORAH A. FRYSINGER, CURTIS E. KRAMER and ~~ NANCY C. McCAUSLAND, in equal shares. In the event that any of my children predecease me, I then direct said deceased child's share be given to his or her surviving children. In the event Anita M. McCoy predeceases me, it is my wish that her equal share go to her husband, Jay A. McCoy, so long as they are not legally separated or divorced at the time of Anita M. McCoy's death. ~~jirb: All federal, state, and other death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this my Last Will and Testament shall be paid out of the principal of my general estate just as if they were my debts, and none of these taxes shall be charged against any beneficiary. „~ourtfj: I appoint ANITA M. McCOY and FRANKLIN C. c~ KRAMER, the Executors of this my Last Will and Testament and direct that \~` the be ermitted to serve without bond and without an ' \!, Y P y intervention of any v ~~ court except as required by law. I authorize my Executors to sell, encumber, mortgage, invest, distribute in kind, or retain any item of property of my estate ~\ ~~ including real property in such manner as they shall deem proper, limited only by their own discretion. ,.~ffftfi: The Prenuptial Agreement entered into by Verneda F. Brandt and I, is an integral part of my Last Will and testament and is attached hereto as Exhibit "A." I direct my Executors to honor all provisions contained in Exhibit "A." IN i~ITNESS [HEREOF, I have, at Carlisle, Pennsylvania, this ry ~ day of f ~ /'rat a ~" , 2005, set my hand and seal to this my Last Will and Testament. CARROLL E. KRAMER PRENUPTIAL AGREEMENT t~ THIS AGREEMENT is made this l y -" day of ~rr,~~7r~' 2005, by and between VEKNEDA F. B~NDT, of Cumberland County, Pennsylvania, (hereinafter "Verneda'~, and CARI~OLL E. k~MER, of Cumberland County, Pennsylvania, (hereinafter "Carroll"). I. BACKGROUND WHEREAS, the parties hereto are about to marry and in anticipation thereof, desire to keep their respective estates intact and desire to fix and determine this Prenuptial Agreement all present and future rights and claims that will accrue to each of them in the estate of the other by reason of the marriage, and all rights of inheritance and rights to act as executor or other personal representative arising from the marital relationship, and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. WHEREAS, the parties hereto are contemplating entering into a marriage relationship with one another and in anticipation thereof, desire to fix and determine by this Prenuptial Agreement certain of the rights and claims that will accrue to each of them by virtue of their marriage. Further, it is the intention of the parties to exclude said property from characterization as marital property, which would be subject to distribution in the event that the parties were to be divorced and to set forth in this Agreement a provision for distribution of said property and business in the event that rtheir __ c~ marriage should so terminate. ~ ~? . ~ _- ; -; ~, -. r ~7 _~ ~f~~ UJ ~'!'r ~~~ ~ _~ ..~=, ~. ~_ ; r r o - -c ~ ~ ~7 II. UNDERSTANDING NOW THEREFORE, in consideration of the promises and of their forthcoming marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: Ill. FINANCIAL DISCLOSURE The parties hereby confirm that each has disclosed to the other the full extent of their respective present assets, income, expectancies and liabilities. Schedule "A," which is attached to this Agreement and hereby made part of this Agreement, is a listing of Verneda's assets as of the date of this Agreement. Schedule "B," which is attached to this Agreement and hereby made part of this Agreement, is a listing of Carroll's assets as of the date of this Agreement. IV. ADVICE OF COUNSEL A. The provisions of this Agreement have been fully explained to the parties by counsel, Michael T. Traxler, Esquire. The parties have agreed to both be represented by Michael T. Traxler and have waived any issues of conflict that may arise from both parties being represented by Michael T. Traxler. B. Verneda has carefully reviewed provisions of the Pennsylvania Divorce Code of 1980 and its amendments with counsel and Verneda understands and acknowledges that in the event the parties become separated or divorced or an action for divorce is instituted by either party, Carroll's obligation to make payments to Verneda for her support, maintenance or as alimony or alimony pendente lite might, as a matter of law, exceed the amount provided for her under this Agreement. Further, Verneda understands and acknowledges that in the event of a divorce, in the absence of any agreement respecting the parties' property rights, she might be entitled to an equitable distribution or other division of marital property of the property of Carroll, which might, as a matter of law, exceed the provisions for her under this Agreement. Therefore, with full knowledge of the above, Verneda agrees to accept and be bound by the terms and provisions of this agreement in lieu of any right to support, maintenance, alimony, alimony pendente lite, equitable distribution or other division of property. C. Verneda has carefully reviewed the provisions of the Pennsylvania Probate Estates and Fiduciaries Code with counsel and Verneda understands and acknowledges that in the absence of an agreement, she would, as a matter of law, be entitled as the surviving spouse of Carroll to a share of his real and personal estate and that the share to which Verneda would be entitled might exceed the amount provided for her under this Agreement. Therefore, with full knowledge of the above, Verneda agrees to accept and be bound by the terms and provisions of this Agreement in lieu of any rights she might have as a surviving spouse of Carroll. D. Carroll has carefully reviewed provisions of the Pennsylvania Divorce Code of 1980 and its amendments with counsel and Carroll understands and acknowledges that in the event the parties become separated or divorced or an action for divorce is instituted by either party, Verneda's obligation to make payments to Carroll for his support, maintenance or as alimony or alimony pendente lite might, as a matter of law, exceed the amount provided for him under this Agreement. Further, Carroll understands and acknowledges that in the event of a divorce, in the absence of any agreement respecting the parties' property rights, he might be entitled to an equitable distribution or other division of marital property of the property of Verneda, which might, as a matter of law, exceed the provisions for him under this Agreement. Therefore, with full knowledge of the above, Carroll agrees to accept and be bound by the terms and provisions of this agreement in lieu of any right to support, maintenance, alimony, alimony pendente lite, equitable distribution or other division of property. E. Carroll has carefully reviewed the provisions of the Pennsylvania Probate Estates and Fiduciaries Code with counsel and Carroll understands and acknowledges that in the absence of an agreement, he would, as a matter of law, be entitled as the surviving spouse of Verneda to a share of her real and personal estate and that the share to which Carroll would be entitled might exceed the amount provided for him under this Agreement. Therefore, with full knowledge of the above, Carroll agrees to accept and be bound by the terms and provisions of this Agreement in lieu of any rights he might have as a surviving spouse of Verneda. V. O[~NERSHIP OF TITLED PROPERTY To the extent that no written agreement is entered into by the parties as to any property acquired after the date of the marriage, the parties will indicate their intentions as to ownership by tide: if the property is held in joint title, the property is intended to be owned equally by both and so divided in the event of divorce; if title is held individually in the name of one of the parties, that person shall be the only owner and the property shall not be subject to any claim or control of the other. As to all such property acquired after the marriage, the parties hereby waive any and all right to equitable distribution thereof, or to any increase in the value thereof, and they hereby confirm their intention that in lieu of any property rights conferred by statute or common law in such property by virtue of their marriage, ownership of the property and all rights therein and claims thereto shall be controlled by the provisions of this Agreement. Vl. OWNERSHIP OFNON-TITLED PROPERTY The provisions of this Agreement as to tided property shall not apply to non- titled personal property (such as furniture) which the parties may acquire after the marriage: such non-titled personal property shall be presumed to be joint marital property unless made the subject of a separate written agreement signed by both parties. The parties intend, with respect to the non-titled personal property which they have accumulated prior to their marriage, that each shall retain separate ownership and control of all such items, including any appreciation in value thereof, free of all claims by the other, and that neither the same items nor their appreciation in value are to be considered marital property subject to equitable distribution pursuant to the Pennsylvania Divorce Code of 1980, as amended, or any similar law of any jurisdiction which may be applicable now or in the future. VII. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTELITE The parties hereby agree that in the event of a separation or divorce, each hereby waives any and all right to receive payments on account of spousal support, maintenance, alimony pendente lite, alimony, counsel fees or costs or any other payments of a similar nature to which he or she, in the absence of this Agreement, might be entitled by statute, including rights arising pursuant to the Divorce Code of 1980, as amended, or any similar laws of any jurisdiction which may be applicable now or at any future time. VIII RELEASE OFRIGHTS A. Assets. Except as otherwise specifically set forth in this Agreement, each party shall retain sole ownership, control and enjoyment of all property transferred to him or her, or agreed to be his or her separate property pursuant to this Agreement, particularly paragraphs, V, VI, whichever would apply. Each party releases his or her rights to such separate property, including any appreciation and increments in value thereon, free and clear of any claim, right or interest by the other party, including, without limitation, any claim or right to equitable distribution or other allocation or division of such property under the laws of the Commonwealth of Pennsylvania or any other state upon separation or divorce. Each party shall have the exclusive right to dispose of such property without interference, or restraint by the other, as if the relationship, including marriage, had not taken place. B. Miscellaneous Estate Ksghts. Except as otherwise specifically set forth in this Agreement and each parties' Last Will and Testament, each party hereby waives, renounces and releases any and all rights, title, interest, election and demand which he or she may have acquired by reason of their relationship, their marriage or otherwise, including but not limited to, the right to: take against any Will of the other and any conveyance of assets by the other; to share in the estate of the other under the Intestate Laws of the Commonwealth of Pennsylvania; to administer the estate or qualify as an Executor of the Will of the other; or to claim the widow's or widower's rights, family exemption or homestead allowance; or to claim any community, dower or courtesy interest in the property of the other; or to claim any right to equitable distribution or other allocation or division, upon separation or divorce, of the property of the relationship, including marriage; to make any other claims, inchoate or otherwise, to any property or right of the other, whether or not arising out of their relationship including marriage. The provisions hereof shall not affect the right of either party to provide for the other as she or he may see fit by Will or other bequest (whether heretofore or hereafter executed), or to appoint him or her as executor, nor bar either party from serving as executor in the event of such appointment, nor shall they operate to bar any survivorship rights of either party in jointly held property. IX. GIFTS PERMITTED Nothing herein shall be construed as preventing either of the parties from giving any of his or her property or estate to the other by deed, gift, or otherwise. X. DEBTS Each of the parties agrees to keep the other indemnified and saved harmless from all debts or liabilities incurred by him or her prior to the date of this Agreement and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and any counsel fees whatsoever pertaining to such actions, claims and demands. Furthermore, neither party shall contract or incur any debt or liability for which the other might be responsible without the knowledge and consent of the other, and each party shall keep the other indemnified and save the other harmless from all such debts or liabilities incurred by him r her subsequent to the date of this Agreement and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. XI. EFFECT OFDIVORCE DECREE If the parties marry, and should later divorce, any divorce decree shall not affect the terms of this Agreement and this agreement shall continue in full force and effect after such decree. The provisions of this agreement may be incorporated in and become part of any decree of divorce for the purpose of enforcing the terms of the Agreement; however, it shall not be merged with any such decree nor shall it be incorporated to enable a Court to modify the Agreement upon a showing of changed circumstances. The parties agree that, notwithstanding any changes in the value of each party's income and assets or other economic circumstances, this Agreement is a reasonable settlement of their respective marital rights and they waive any rights which they may now or hereafter have to seek modification of the Agreement in any court. XII. CONSIDERATION The consideration for this Agreement is the mutual promises and waivers herein contained and the marriage about to be solemnized. If the marriage does not take place, this Agreement shall be in all respects and for all purposes null and void. XIII. NO I~AIVER OFDEFAULT The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not affect the right of such party thereafter to enforce same, nor shall the waiver of any breach of any of the provisions be construed as a waiver of any subsequent default of same or similar nature, nor shall it be construed as a waiver of strict performance of any other provisions. XIV. SEVERABILITY If any part of this Agreement shall be declared void or invalid by operation of law or otherwise, only such part shall be void and the other provisions shall remain valid and enforceable. XV. MODIFICATION This Agreement may be modified by the parties at any time after marriage, but such modification shall only valid if in writing and executed with the same formality as this Agreement. XVI, HEADINGS The headings preceding the text of the paragraphs in this Agreement are inserted for convenience of reference only and shall not affect the meaning or scope of this Agreement. XVII. ENTIREAGREEMENT This Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, or undertakings, oral or otherwise, other than those expressly set forth herein. XVIII. AGREEMENT'BINDING ONHEIRS This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. XIX. GOVZ'RNINGLA i~ This Agreement is entered into in the Commonwealth of Pennsylvania and shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania and this shall in no way be affected by any change in domicile of either of the parties. XX. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their attorney. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. ~~ ~~ ~ ~ ~ ~ Witness Verneda F. Brandt -, ~~ Witness Carroll E. Kramer Sworn or affirmed to and subscribed before me by VERNEDA F. BRANDY and CARROLL E. K:RAMER, this ~~f$ay of ~-~ l~ 2005. NO ARY PUBLIC COMMONWEALTH OE PENNSYLVANIA Notarial Seal Rhonda D. Rudy, Notary Public Cazlisle Boro, Cumberland County My Commission Expires Aug. 12, 2006 Member. Pennsylvania Association of Notaries Schedule A Verneda Brandt Assets Amount On'stown Bank CD $19,000.00 House Value and Farm $150,000.00 21ots Vehicles 1995 Chrysler $4,000.00 Bank Statements $45,000.00 (CD) Bank Stocks Unknown Amount Knousse Food's Stock Unknown Amount Savings $7,175.13 Checking $490.38 Total $225,665.51 • ~ Schedule B Carroll E. Kramer Assets Amount M&T Bank Checking Account $13,500.00 Savings Account $25,000.00 Orrstown Bank Certificate of Deposit $3,900.00 Members 1st Federal Credit Union Savings Account $1,300.00 Certificate of Deposit $53,000.00 (as of November 28 this will revert back to $3,000) Thrivent Financial for Lutherans Universal Life $39,500.00 Strong Investments, Inc. (Met-Life) Strong Advisory Municipal Bond B Fund $15,800.00 Prudential Life Insurance Policy No. 11235042 $1,500.00 Life Insurance Policy No. 17373060 $2,000.00 Residence & Shop 43 West South Street & Chapel Avenue $140,000.00 Carlisle, PA Vehicles 1997 Mercury Marquis $5,000.00 1969 Ford Thunderbird $2,000.00 Shop Tools & Equipment $2,000.00 Total $304,500.00