HomeMy WebLinkAbout09-5130IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER, CASE NO. O 9 _ s Q C ,
V.
MERLE C. KRAMER, JR. : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE TO DEFENDANT
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 in 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 Defendant. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the grounds 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 at the Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford et
Carlisle, PA 14.'
Tel
ephone (717) 2 1(6
Coover, Esquire;
ID 93285
44 S. Hanover Street
Carlisle, PA 17013
AMERICANS WITH DISABILITIES AC'T 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:
Date: J
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER,
V.
MERLE C. KRAMER, JR.
Defendant
CASE NO. 5-13
D C N
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Dora L. Kramer who currently resides at 932 Rockledge Drive,
Carlisle, Pennsylvania.
2. Defendant is Merle C. Kramer, Jr. who currently resides at 300 Red Shed
Road, Newville, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth of
Pennsylvania for at least six months immediately preceding the filing of this Complaint.
4. Plaintiff and Defendant were married on November 9, 1974.
5. Plaintiff and Defendant separated on February 25, 2009.
6. There have been no prior actions commenced for divorce or annulment of
marriage between the parties in this or any other jurisdiction.
6. Plaintiff has been advised of counseling and that she may have the right to
request the Court to require the parties to participate in counseling.
7. Plaintiff avers that no issues regarding the custody of children result from
this action.
COUNT 1
3301(c) IRRETRIEVABLE BREAKDOWN
8. Paragraphs 1 through 7 are incorporated herein by reference.
9. The marriage is irretrievably broken and the parties are estranged due to
marital difficulties with no reasonable expectation of reconciliation.
10. Plaintiff requests the Court to enter a decree in divorce.
WHEREFORE, Plaintiff prays this Honorable Court to issue an Order dissolving
the marriage between the parties.
S ri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER,
V.
MERLE C. KRAMER, JR.
Defendant
: CASE NO.
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I, Dora L. Kramer hereby state that I am the plaintiff in the foregoing action and
that the facts contained herein are true, correct and accurate to the best of my knowledge,
information and belief. I further understand that false statements made herein are subject
to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Dora L. Kramer
Date: - Z g _ ?Ovg_
RLEC
OF THE
2009 JUL 28 PP; 2: 5 ?
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER, : CASE NO. 09-5130
V.
MERLE C. KRAMER, JR. : CIVIL ACTION -LAW
Defendant : IN DIVORCE
NOTICE TO DEFENDANT
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 in 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 Defendant. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the grounds 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 at the Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar
32 South Bedford
Carlisle, PA 1
Telephone (717)
S D. Coover, Esquire
ttorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
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:
Date: J.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER,
V.
MERLE C. KRAMER, JR.
Defendant
CASE NO. 09-5130
CIVIL ACTION -LAW
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
1. Plaintiff is Dora L. Kramer who currently resides at 932 Rockledge Drive,
Carlisle, Pennsylvania.
2. Defendant is Merle C. Kramer, Jr. who currently resides at 300 Red Shed
Road, Newville, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth of
Pennsylvania for at least six months immediately preceding the filing of this Complaint.
4. Plaintiff and Defendant were married on November 9, 1974.
5. Plaintiff and Defendant separated on February 25, 2009.
6. There have been no prior actions commenced for divorce or annulment of
marriage between the parties in this or any other jurisdiction.
6. Plaintiff has been advised of counseling and that she may have the right to
request the Court to require the parties to participate in counseling.
7. Plaintiff avers that no issues regarding the custody of children result from
this action.
COUNT 1
3301(c) IRRETRIEVABLE BREAKDOWN
8. Paragraphs 1 through 7 are incorporated herein by reference in their
entirety.
9. The marriage is irretrievably broken and the parties are estranged due to
marital difficulties with no reasonable expectation of reconciliation.
10. Plaintiff requests the Court to enter a decree in divorce.
WHEREFORE, Plaintiff prays this Honorable Court to issue an Order dissolving
the marriage between the parties.
COUNT 2
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 are incorporated herein by reference in their
entirety.
12. Marital property and debts accumulated during the marriage.
13. Plaintiff and Defendant are each entitled to a portion of the marital assets
and each responsible for the marital debts.
WHEREFORE, Plaintiff prays this Honorable CourA to issue an Order which
determines the distribution of debts and assets between the
41?ri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER,
V.
MERLE C. KRAMER, JR.
Defendant
: CASE NO. 09-5130
: CIVIL ACTION -LAW
: IN DIVORCE
VERIFICATION
I, Dora L. Kramer hereby state that I am the plaintiff in the foregoing action and
that the facts contained herein are true, correct and accurate to the best of my knowledge,
information and belief. I further understand that false statements made herein are subject
to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Dora L. Kramer
Date: `z6_ - ? 7 -CC-(
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER,
VI.
MERLE C. KRAMER, JR.
Defendant
CASE NO. 09-5130
CIVIL ACTION -LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 17th day of August, 2009, I
caused the foregoing AMENDED COMPLAINT IN DIVORCE to be served upon the
Defendant via United States First class and certified mail addressed as follows:
Merle C. Kramer, Jr.
300 Red Shed Road
Newville, Pennsylvania 17241
?fieri U:-Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
i ??Gw«1
OF THE PROTI P NOT Y
2009 AUG 18 AM (1: %f
VVh ?
DORA L. KRAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2009 - 5130 CIVIL TERM
MERLE C. KRAMER, JR., : CIVIL ACTION - LAW
zza
Defendant : IN DIVORCE'
AFFIDAVIT OF SERVICE REGARDING THE
THE AFFIDAVIT OF SEPARATION
I, Jane Adams, Esquire, do hereby certify that on or about October 20
served a true and correct copy of the AFFIDAVIT OF SEPARATION AND COU1Tl-
AFFIDAVIT in the above-captioned matter upon the following individual(s) by certified mail,
restricted, return receipt requested, addressed as follows:
Merle C. Kramer, Jr.
300 Red Shed Road
Newville, Pa. 17241
DEFENDANT
Date
• (bnrpl116 ft= 1. 2, and 3. Also complete
item 4 if Restricted Delivery Is doWW.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
Article Addressed to:
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2. Article Number
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Forth 3811, February 2004
Domestic Return Receipt
Respectfully Submitted:
Z? ( J e Adams Esquire
I. No. 79465
17 West South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR DEFENDANT
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B. Received by (Prl
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D. Is delivery addr4
If YES, enter del
of Delivery
3. Service type
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4. ReraYlaMd Mww oft Foe) ? Yes
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DORA L. KRAMER, : IN THE COURT OF COMMON PLEAS =� v
Plaintiff : CUMBERLAND COUNTY, PENNSYLVAI
V. : NO. 09 -5130 Civil Term ,
MERLE C. KRAMER, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION TO COMPEL DISCOVERY
AND NOW COMES, the Plaintiff, Dora L. Kramer, by and through her Attorney,
Jane Adams, Esquire, and moves this Honorable Court as follows:
1. Plaintiff, Dora L. Kramer, (hereinafter referred to as "Wife"), and Defendant,
Merle C. Kramer, Jr., (hereinafter referred to as "Husband") were married on November
9, 1974.
2. The above-captioned action was initiated by Wife filing a Complaint in Divorce
on or about August 17, 2009. Said complaint included a count for Equitable Distribution
of Marital Property.
3. On November 16, 2012, a Motion to Appoint the Master in the above-captioned
case was filed.
4. On January 15, 2013, Interrogatories were sent to Husband. Husband never
responded to the Interrogatories.
5. The parties were separated on February 25, 2009 and an Affidavit of Separation
was filed on October 4, 2009 and served upon Husband.
6. On March 13, 2013, Wife's attorney again sent a letter to Husband's attorney
inquiring when the requested information would be forthcoming.
7. Husband has not responded via mail, or phone call to Wife or Wife's Attorney
regarding the requests for information.
8. Husband never requested an extension of time to complete and return the
Interrogatories.
9. Wife is requesting that Husband be ordered to provide such information, so that
Wife may certify to the Divorce Master that discovery is complete, and a hearing may be
scheduled.
10. Wife knows of no reasonable basis for Husband's delay in providing the
requested information other than to delay the Divorce.
11. Based on Husband's failure to respond, it is assumed that Husband opposes
the relief requested.
13. There is no previously assigned Judge in this matter.
WHEREFORE, Wife respectfully moves this Honorable Court for the entry of an
Order Compeling Discovery in the above-captioned matter as well as any other relief, such
as Attorney's Fees, that this Honorable Court may deem appropriate and necessary.
Date: / I \-3 By:
�o ! Jane ams, Esquire
17 W South St.
Car. le, Pa. 17013
(71 245-8508
I.D. No. 79465
Attorney for Plaintiff
-a S
DORA L. KRAMER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09 -5130 Civil Term
MERLE C. KRAMER, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this Ax day o , 2013, upon consideration of
the attached Motion to Compel Discovery, a Rule to Show cause is issued upon the
Defendant, Merle C. Kramer, Jr., as to why the relief requested by Plaintiff should not
be granted.
Rule Returnable 30 _ days after service of the Rule and Petition upon
Defendant's counsel.
BY THE COURT:
9-4*- ZP-a-CC
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cc: "Fie Adams, Esquire =fli ,
Robert O'Brien, Esquire -'i cz)
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Coto(es MILLI,
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DORA L. KRAMER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW f w
-{
MERLE C. KRAMER : NO. 09- 5130 CIVIL
Defendant : IN DIVORCE z
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RESPONSE TO MOTION TO COMPEL ='
1. Admitted.
2. Wife may have filed a Divorce, but an examination of the Docket entries discloses that
pursuant to Pa RCP Rules 1930.4 and Rule 403 that there is no proof of actual service of the
Divorce Complaint as required to support jurisdiction.
3. The above captioned Court is without jurisdiction over the Defendant Husband.
Submitted by Merle C. Kramer, pro se
Merle C. Kramer
DORA L. KRAMER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
MERLE C. KRAMER NO. 09- 5130 CIVIL
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on July 22, 2013, 1, Lori Duncan, did serve a
copy of the Response To Motion To Compel, on all interested parties, by email and/or first
class mail, postage prepaid, to the parties listed below, as follows:
ncan
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
f-2-,
C�
4C-�i,
r
DORA L. KRAMER,. IN THE COURT OF COMMON PLEAS
L 7z v ''` 4intlff' CUMBERLAND COUNTY, PENNSYLVANIA
vs. PENNISY►VMfl 4 ' : No. 09 - 5130 Civil Term
MERLE C. KRAMER, JR. ACTION IN DIVORCE
Defendant CIVIL TERM - LAW
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on or about July
28, 2009.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date:
Dora L. Kramer, PI in i
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 433011c►AND 43301(d) OF THE DIVORCE CODE
1. 1 consent to 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.
Date: „
VZ � Dora L. Kramer, lai ti
DORA L. KRAMER, ,F,KTHE COURT OF COMMON PLEAS
`Pfiittfif CUMBERLAND COUNTY, PENNSYLVANIA
vs. °EM14S`f LVANWs. 09 - 5130 Civil Term
MERLE C. KRAMER, JR. ACTION IN DIVORCE
Defendant CIVIL TERM - LAW
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on or about July
28, 2009.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: GAC L/ �� C
Merle C. Kramer, Jr., Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER$3301(c)AND 63301(d)OF THE DIVORCE CODE
1. 1 consent to 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.
Date: eAe/__ (�-Z====Z
// Merle C. Kramer, Jr., Defendant
't . t.4 26
tl!1BEE:LAr,'L•
PEF4NSYL?f"'
DORA L. KRAMER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 09 - 5130 Civil Term
MERLE C. KRAMER, JR. ACTION IN DIVORCE
Defendant CIVIL TERM - LAW
ACKNOWLEDGEMENT OF SERVICE
I, Merle C. Kramer, Jr., Defendant in the above-captioned matter, acknowledge
that I received service of the amended complaint filed in this case on or about
August 19, 2009, and I hereby acknowledge that the court has jurisdiction in this case
and waive any challenges thereto.
Date: z
Merle C. Kramer, Jr., Defendant
JUL-i Pi.112:4D
CUMBERLAND CGUN i Y
PENNSYLVANIA
DORA L. KRAMER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
MERLE C. KRAMER, JR.
: No. 09 - 5130 Civil Term
: ACTION IN DIVORCE
Defendant : CIVIL TERM - LAW
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of
2014, by and between, DORA L. KRAMER, of Carlisle, Pennsylvania, (hireinafter
referred to as "WIFE"), and MERLE C. KRAMER, JR.,of Newville, Pennsylvania,
(hereinafter referred to as "HUSBAND");
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 9, 1974 in
Carlisle, Cumberland County, Pennsylvania; and the parties separated on February 25,
2009;
WHEREAS, the parties have two children together; both of whom are adults,
WHEREAS, disputes and difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart, and the parties desire to
settle their respective financial property rights and obligations as between each other,
including the settling of all matters between them relating to ownership and equitable
distribution of real and personal property; the settling of all matters between them
relating to the past, present, and future support, alimony, and/or maintenance of
Husband or Wife; and in general, the settling of any and all possible claims by one
against the other or against their respective estates;
NOW THEREFORE, Husband and Wife, in consideration of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged, and each intending to
be legally bound, Husband and Wife hereby covenant and agree as follows:
Page 1 DK/MK
1. DISCLOSURE OF ASSETS. Each party warrants that he or she is satisfied
with the disclosure of income, assets, and their valuation prior to the execution of this
Agreement as well as any other fact relating to this agreement. These disclosures are
part of the consideration made by each party for entering into this agreement. If any
disclosure has not been made, each party is indicating that by signing this agreement
they are waiving said further disclosure.
2. ADVICE OF COUNSEL. WIFE has employed and had the benefit of counsel
of Jane Adams, Esquire, as her attorney. HUSBAND is SELF -REPRESENTED
regarding divorce. Each party has carefully and completely read this agreement and
has been advised or maintains that they are completely aware not only of its contents
but of its legal effect. Husband understands that Jane Adams, Esquire is only
representing Wife.
3. SEPARATION. The parties intend to maintain separate and permanent
domiciles and to live apart from each other. Neither party shall harass, annoy, injure,
threaten, or interfere with the other party in any manner whatsoever. Neither party shall
interfere with the uses, ownership, enjoyment, or disposition of any property now owned
and not specified herein or property hereafter acquired by the other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has
filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of
the Pennsylvania Divorce Code. The parties express their agreement that the marriage
is irretrievably broken and express their intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code. The parties hereby waive all rights to request Court
Ordered counseling under the Divorce Code. The provisions of this Agreement relating
to equitable distribution of property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce
Code.
Should a decree, judgment, or order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
decree, judgment, order, or further modification or revision thereof shall alter, amend, or
vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed that a copy of this Agreement or the substance of the
provisions thereof, shall be incorporated by reference into any divorce, judgment, or
Page 2 '�DK /K
decree. This incorporation shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
5. DATE OF EXECUTION. The "date of execution" or "execution date" of this
agreement shall be defined as the date upon which it is executed by the parties if they
have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement. All provisions of this agreement
shall be effectuated by the parties within thirty (30) days of the execution date of this
agreement unless otherwise specified within this agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this
agreement, each party may dispose his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire under the present or future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital relationship, including without limitation,
statutory allowance, widow's allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in the other's estate. Each will
at the request of the other, execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants
that they have not contracted any debt or liability for the other or which the estate of the
other party may be responsible or liable, and except only for the rights arising out of this
agreement, neither party will hereafter incur any liability whatsoever for which the other
party or the estate of the other party, will be liable. Each party agrees to indemnify or
hold harmless from the other and against all future obligations of every kind incurred by
them.
The parties agree as follows regarding the debts:
(a) Wife agrees that the following debts are her own personal responsibility and
therefore agrees to completely and finally pay on the following debts and
obligations.
Any and all debts in her name alone or incurred by her after
separation.
Page 3 K
(b) Husband agrees that the following debts are his own personal responsibility
and therefore agrees to completely and finally pay on the following debts and
obligations.
Any and all debts in his name alone or incurred by him after
separation. Any and all debts or judgments relating to
the marital home.
Husband shall be solely responsible for any damages
assessed under the Judgement obtained in case of
Suntrust v. Kramer, Docket No. 10-6243 Civil Term,
Cumberland County.
(c) The parties will take any steps necessary to close any joint credit card or
other accounts, if not already done so.
8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria
set forth in the Divorce Code at 23 Pa.C.S.A. §3501 et. seq. 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 the marital rights of the
parties.
9. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that
they have previously divided all their tangible personal property. Except as may
otherwise be provided in this Agreement, Wife agrees that all of the tangible personal
property in Husband's possession shall be the sole and separate property of Husband;
and Husband agrees that all of the tangible personal property in Wife's possession shall
be the sole and separate property of Wife. Other than as provided herein, the parties
do hereby specifically waive, release, renounce, and forever abandon whatever claim, if
any, he or she may have with respect to the above items which shall become the sole
and separate property of the other.
Page 4 ,))d DK
10. BANKRUPTCY. Husband previously filed for bankruptcy, under #10-
8767, docketed in the Middle District of Pennsylvania. Husband defaulted on his
plan, and said bankruptcy has been dismissed by the court. If Wife is found
responsible for any debts claimed under the aforesaid bankruptcy, Husband
hereby indemnifies Wife and agrees that he shall be entirely responsible under
this agreement to compensate Wife for any amounts any creditors shall find her
responsible for, collect against her or for which a creditor obtains a judgment
against her.
11. VEHICLES. With respect to these items, owned by one or both of the
parties, they agree as follows:
Each party shall retain the respective vehicles in their possession.
The titles to the said motor vehicles shall be executed by the parties, if
appropriate for effecting transfer as herein provided, within thirty days of the execution
date of this Agreement, and said executed titles shall be delivered to the proper parties
on the distribution date. Each party agrees to be solely responsible for the amounts
presently due and owing against his or her respective automobiles.
12. REAL PROPERTY. The parties own property located at 300 Red Shed
Road, Newville, Cumberland County, Pennsylvania, which is the marital home.
That property is being listed for sale with Sailhammer Realty in Shippensburg,
Pennsylvania. The parties shall keep the property listed for sale until it sells and
settlement is completed. The parties will cooperate in completing all paperwork
to effectuate a final settlement and will sign the Deed at or before settlement.
Upon final sale, Husband shall receive all proceeds, if any, however Husband
shall also be responsible for any arrearages or amounts due at sale. Husband
shall also be solely responsible for any amounts or damages due under the
foreclosure and/or in rem civil action.
Page 5
in^ MK
13. EMPLOYMENT AND RETIREMENT BENEFITS. The parties hereby waive
any and all rights they have in and to each other's employment benefits, and retirement
plans, including but not limited to the other parties' IRA's, 401(k)'s, stock savings plans,
pensions, and retirement plans and Incentive Savings Plans. The parties agree never
to assert any claim to such benefits of the other at any time in the future.
14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party
hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel
fees and costs, and each party agrees to be responsible for his or her own legal fees
and expenses.
15. TAXES. The parties have previously filed joint State and Federal Tax
returns. The parties intend on filing separate income tax returns for the current year
and in all subsequent years. Both parties are advised that they should consult a
licensed tax advisor for advice on taxes.
16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No
modification or waiver of any of the terms hereof 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.
Notwithstanding reconciliation between the parties, this agreement shall continue to
remain in full force and effect absent a writing signed by the parties stating that this
Agreement is null and void.
17. MUTUAL COOPERATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, acknowledge, and deliver to the
other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
18. APPLICABLE LAW. The Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania which are in effect as of the date of
execution of this Agreement.
19. INTEGRATION. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements or negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
Page 6 D
20. OTHER DOCUMENTATION. Wife and Husband 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 effectuation of this Agreement.
21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any default or breach of any provision hereof by construed
as a waiver of any subsequent default or breach of the same or similar nature, not shall
it be construed as a waiver or strict performance of any other obligations herein.
22. SEVERABILITY. If any term, condition, clause, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, condition, clause, or provisions 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
obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining
obligations of the parties.
23. BREACH. In the event of the breach of this agreement by either party, the
non -breaching party shall have the right to seek monetary damages for such breach,
where such damages are ascertainable, and/or seek specific performance of the terms
of this agreement, where such damages are not ascertainable. All costs, expenses,
and reasonable attorney fees incurred by the successful party, whether petitioner or
respondent, in any litigation to obtain monetary damages and/or specific performance
of this agreement shall be recoverable as part of the judgment entered by the court.
The parties agree that any enforcement action may be filed under the Cumberland
County Civil Docket Number associated with the divorce complaint.
24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement
acknowledges that he or she is fully informed as to the facts relating to the subject
matter of this agreement, is entering into this agreement voluntarily, free from fraud,
undue influence, coercion or duress of any kind, has given careful thought to the
making of this agreement, has carefully read each provision of this agreement, and fully
and completely understands each provision of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written:
Page 7 Y,DK�VI� MK
WITNESS:
Page 8
Merle C. Kramer, Jr., Husband
Date: /2/) c /
111111%i
1 I. . 1 .1. A
Dora . Kramer,
ie
DORA L. KRAMER,
Plaintiff
v.
MERLE C. KRAMER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: 09 - 5130 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this 06 day of
2014, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated June 26, 2014, 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.
v////
cc: Jane Adams
A torney for Plaintiff
BY THE COURT,
Merle C. Kramer, Jr. (Pro Se)
Defendant
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DORA L. KRAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2009 - 5130 CIVIL TERM�r_11 C
MERLE C. KRAMER, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE )>
�r s_
PRAECIPE TO TRANSMIT RECORD -
TO THE PROTHONOTARY: Please accept this request to transmit the record,
together with the following information to the Court for entry of a divorce Decree:
1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce
Code.
2. Date and Manner of the service of the Complaint: Filed on or about July 28.
2009, amended complaint filed on or about August 17, 2009. A certificate of service
was filed by Plaintiff's prior attorney and Defendant signed an acknowledgment of
service, confirming he received the complaint on or about August 19, 2009.
3. Date of execution of the Affidavit of Consent required by 3301(c) of the
Divorce Code:
By Plaintiff: June 26, 2014.
By Defendant: June 26, 2014.
4. Related claims pending: None: all were resolved by marriage settlement
agreement, which was signed on June 26, 2014 and which should be incorporated and
not merged into the Decree.
5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was
filed with the Prothonotary: Contemporaneously with this Praecipe.
6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed
with the Prothonotary: Contemporaneously with this Praecipe.
Respectfully submitted,
Date:
Ja a Adams, Esquire
I. No. 79465
7 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DORA L. KRAMER
•
V.
•
MERLE C. KRAMER, JR. : NO. 09 - 5130 CIVIL TERM
DIVORCE DECREE
AND NOW, 91-%-- 7 , /if , it is ordered and decreed that
DORA L. KRAMER , plaintiff, and
MERLE C. KRAMER, JR. , 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.")
None; the marriage settlement agreement which was signed by the parties at the
Divorce Master's conference on June 26, 2014 and which was filed under the
above-captioned docket number shall be incorporated and not merged into this
Decree.
By the Court,
_= Att t: J.
Prothonotary
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