Loading...
HomeMy WebLinkAbout09-5597DANIELLE L. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (f ?sy 7 C U, t WAYNE C. KILLINGER CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, PA. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, Cif, PA 17013 (717) 385-0673 DANIELLE L. KILLINGER Plaintiff v. WAYNE C. KILLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 6 ?! - s5 9 7 c r... l CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Danielle L. Killinger, who currently resides at 677 West Louther Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Wayne C. Killinger, who currently resides at 677 West Louther Street, Carlisle, Pennsylvania, 17013. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 1, 1997, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for 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 Decree of Divorce. l Dated: August 2009 Carlis 1'e`,-PA--I? (717) 385-0673 VERIFICATION I, Danielle L. Killinger, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August _la_, 2009 6 RLED i ?.RY T! 12 rr r ?? 3od3 DANIELLE L. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-5597 WAYNE C. KILLINGER CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Wayne C. Killinger, hereby acknowledge that I received a certified copy of the Divorce Complaint filed in the above matter on August 12, 2009. Date: August /3 1 2009 J Wa e C. Killinger 2009 N'OV 13 IPH 12. ? DANIELLE L. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-5597 WAYNE C. KILLINGER CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA (?,,,,, • SS. COUNTY OF •$?riJP1 ftFi-? Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Danielle L. Killinger, Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, on August 12, 2009, as app by the attached Acc ce of Service. nielle nger Sworn and subscribed to before me this day of November, 00 . Notary Pu c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public City of Harrisburg, Dauphin County Ms Commission Ex,, irss Jul; 25. 2010 ,?..c -yp ? ?,??, t ? 1 . , t, f"1 F i l?? U 1 ?,;?.. '?? ?? ?' . ?, U t . Lt?»^ _.. DANIELLE L. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5597 WAYNE C. KILLINGER CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w--S filed on August 12, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in 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: 1 13 0c, sl -,-''?' .r.?- r t f r, 2NO9 OV 1 3 ,'ti 12: ? DANIELLE L. KILLINGER Plaintiff V. WAYNE C. KILLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-5597 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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: -? i' le linger, Plaintiff tE ('Ntr- T127 260,9 NOV 13 Phi 12: ? C,uM" , DANIELLE L. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. N0.09-5597 WAYNE C. KILLINGER CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT - 1 k t'ornplaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 12, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in 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: Wayne . Killinger ALIEL- L'F IUl- 1069 NOV 13 Pry 12: 28 DANIELLE L. KILLINGER Plaintiff V. WAYNE C. KILLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-5597 CIVIL ACTION -LAW IN DIVORCE -- lKiLIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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: 1 3 0-yL1 Wa e C. Killinger, Defendant ?It t ? .. f l s?t-... t 2 8 in, 09- 5y? 7 c tv , / MARITAL SETTLEMENT AGREEMENT , 2009, by and between Danielle THIS AGREEMENT, made this 16 day of A?t L. Killinger, of Cumberland County, Pennsylvania, and Wayne C. Killinger, of Cumberland County, Pennsylvania. WHEREAS, Wayne C. Killinger (hereinafter called "Husband") currently resides at 154 East Louther Street, Apt. D, Carlisle, Pennsylvania 17013; and WHEREAS, Danielle L. Killinger (hereinafter called "Wife") currently resides at 677 West Louther Street, Carlisle, Pennsylvania 17013; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 1, 1997; and WHEREAS, the parties have lived separate and apart since as defined under the divorce laws of the Commonwealth of Pennsylvania on or about April 5, 2009; and WHEREAS, two children were born of the marriage between the parties, namely, Taylor Killinger, born July 19, 1997; and Kassidy Killinger, born November 20, 2001; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband and Wife acknowledge that this Agreement has been prepared by counsel selected by both, to wit, John F. King, Esq. John F. King, Esq. has advised Husband and Wife that they have the absolute right to be represented by separate and independent counsel of their choosing to advise each of them in the within matter, and John F. King, Esq. has strongly recommended to both parties that they secure said counsel. John F. King, Esq., is acting in the role of scrivener, and has not given legal advice to either party. By executing the within Agreement, the parties acknowledge that they understand their right to said counsel and have consulted with said counsel or is voluntarily choosing not to do so. By executing the within Agreement, the parties waive any claim for conflict of interest which they could otherwise assert against John F. King, Esq. Each party fully understands the facts and their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital 3 property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives their respective rights to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank 4 statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 09-5597. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that the divorce may be finalized in a timely fashion. Upon completion of the divorce action, Wife shall supply Husband with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 677 West Louther Street, Carlisle, Pennsylvania 17013 (hereinafter called "subject premises"). From and after the date of execution of this Agreement, Wife shall enjoy sole and exclusive possession of 5 subject premises. Husband agrees that he will transfer all of his right, title and interest to Wife individually. Wife shall have five (5) years from the date of execution of the within Agreement to either refinance said property, removing Husband's name as an obligor on all mortgages and notes encumbering said property, or to sell the property so as to remove Husband as an Obligor on all mortgages and notes encumbering said property. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles: Husband is the owner of a 2008 GMC Sierra, currently titled in both names. Wife is the owner of a 2004 Pontiac Grande Prix, currently titled in both names. Each party shall retain sole and exclusive possession of the vehicle of which said party is described as "owner" above, and shall likewise be solely responsible for any encumbrances thereon. Each party shall cooperate by executing all Penndot and other documents necessary to effectuate the transfer the title of each vehicle to that party described as "owner" above. Husband agrees to initiate the steps necessary to remove Wife as an Obligor as a debt encumbering the 2008 GMC Sierra. Husband is the owner of a 30' 2006 Terry Dakota camper, and shall likewise be solely responsible for any encumbrances thereon. Husband will take the steps necessary to remove Wife's name as an Obligor on the underlying debt. It is the intent of the parties that 6 Husband will cause to have the camper sold on the open market. The parties agree that if the net amount realized from the sale of the trailer is deficient to payoff the underlying debt, Wife shall be responsible for one-third (1/3) of said deficiency, except that under no circumstances shall Wife be required to contribute more than Two Thousand Dollars ($2,000.00) toward said deficiency. Husband shall be responsible for the balance of any deficiency. D. Life Insurance: Each party waives any claim of ownership, or right to inherit from, any life insurance policy insuring the life of the other. E. Investments: Except as set forth herein, each party waives any right to any investments in the other party's individual name. F. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. G. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband. The parties agree that Husband shall own, possess, 7 and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 1. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against 8 any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. Husband shall be entitled to claim the child, Kassidy Killinger, as his dependent for income tax purposes and Wife shall be entitled to claim the child, Taylor Killinger, as her dependent for income tax purposes. 9 Husband and Wife agree each year to sign any forms required by the IRS to permit the dependent filings as contained herein. 8. 401(k) PLANS. Husband and Wife are each the owner of a separate 401(k). Wife shall retain her 401(k) in its entirety. Husband shall initiate the steps necessary to effectuate the rollover of Fifteen Thousand Dollars ($15,000.00) from Husband's 401(k) to Wife's 401(k) within thirty (30) days of the issuance of a Divorce Decree. Should it be determined that a Qualified Domestic Relations Order (QDRO) is required to effectuate Husband's rollover to Wife, Husband shall be solely responsible for any of the costs incurred to have the QDRO prepared. 9. CHILD SUPPORT. Husband agrees to pay to Wife the amount of Four Hundred Sixteen Dollars ($416.00) biweekly as child support, so long as Wife continues to be the primary custodial parent of both children. Should either child no longer be in Wife's primary custody, or upon Taylor reaching the age of eighteen (18) years, Husband shall pay the amount of Two Hundred Eight Dollars ($208.00) biweekly to Wife. When Kassidy turns eighteen (18) years or should both children no longer be in the primary custody of Wife, Husband's obligation for the payment of child support will end. Any reduction in Husband's support obligation as described herein is nullified in the event the children pursue higher education at an accredited four (4) year institution. In the case of such pursuit of higher education, the age of "twenty-one (21) years" shall be substituted in all references in this paragraph to the age of "eighteen (18) years". If either child pursues higher education at an accredited four (4) year institution, Husband and Wife shall divide equally the cost of tuition of said child or children, after applying as a reduction, said tuition by any scholarships, awards, or the like. 10 The terms of child support contained herein shall be modifiable through an action at Domestic Relations upon a change in circumstance of either party. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other parry, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and 12 obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, 13 rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall 14 nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each party is required to keep the other apprised of their current address for notice to him or her. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 15 21. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 16 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has waived the right to consult with an attorney despite being advised to do so; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 17 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. 11-1-f - Wayne C. Killinger COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss: On this, the f Way of , 2009, before me a Notary Public, the undersigned officer, personally appeared Daniell L. Killinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publi cor4'pNv?!FAt_Tri of PFtvN YLV? Ar?iA NOTARR ' I ESHARRYD SEI ity of Han is, Ul.'. COMMONWEALTH OF PENNS7ANIA COUNTY OF ss: On this, the to day of , 2009, before me a Notary Public, the undersigned officer, personally appeared Wayne C. Killinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A?W? 10 AAIJ?? Notary Publ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public 18 Ci of Harrisburg, Dauphin County u, t', ,,.;, :itti1C Lj-.i{,,,I IN Y- iJ C.Q , .._., r l DANIELLE L. KILLINGER Plaintiff V. WAYNE C. KILLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5597 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service, August 13, 2009. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 13, 2009; by Defendant August 13, 2009. 4. Related claims pending: There are no related claims pending. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: 11/13/2009 Date Defendant's Waiver of Notice was filed with the Prothonotary: 11/13/2009 anie L. K r 1r (I , rllr. Yj lw eJ!'?I y t.^?}~'.r''if;1 2009 HOV 13 -"H 21 03 ?. M .. }. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE L. KILLINGER V. WAYNE C. KILLINGER : NO 09-5597 DIVORCE DECREE By the Court, AND NOW, 001 , it is ordered and decreed that DANIELLE L. KILLINGER plaintiff, and WAYNE C. KILLINGER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The attached Marital Settlement Agreement is incorporated, but not merged, and made a part of this Divorce Decree. Ate t: J. Proth otary P .C4 `1) //•?`e5' t 10$08-1-4 Killinger/Addendum/SEG 9/23/2010 5:40 PM 1 ~~~Q ~~~ ~ 1F ~`~ ~~ ~:ti ~E,~ E~~~~t~.~~.ii G~11~l~'` ADDENDUM. TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT IS MADE this pZ~ ~ day of -~~~~_~, 2010, by and between DANIELLE L. KUNTZ, formerly known as DANIELLE L. KILLINGER, (hereinafter referred to as "Wife"} -AND - WAYNE C. KILLINGER (hereinafter referred to as "Husband"). WHEREAS, the parties hereto entered into a Marital Settlement Agreement ("MSA") on September 16, 2009, a true and correct copy of which is attached hereto as Exhibit A; WHEREAS, the parties hereto were divorced on November 18, 2009 but will be referred to as "1-lusband" and "Wife" herein; WHEREAS, the MSA contains a provision regarding real estate (hereinafter "Subject Premises") wherein the parties agreed that Wife would enjoy sole exclusive possession of the subject premises and Husband would transfer all of his right, title and interest to Wife individually; WHEREAS, the parties have reached an agreement with regard to the Subject Premises wherein Husband shall enjoy sole exclusive possession of the subject premises and Wife shall transfer all of her right, title and interest to Husband individually; and WHEREAS, it is the desire of the parties to amend the MSA to provide for their agreement regarding the Subject Premises.. . NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Marital Settlement Agreement. Except for the provision regarding real estate in Pazagraph 6(A) of the MSA, the parties agree that all other provisions of the MSA entered into on September 16, 2009 aze incorporated by reference herein. 2. Real Estate. The parties agree that paragraph 6(A) of the MSA is hereby invalidated and this pazagraph of the Addendum shall replace Paragraph 6(A) of the MSA. The parties acknowledge that they are the .owners of the property and lot situate at 677 West Louther Street, Carlisle, PA 17013. (hereinafter "Subject Premises"). Husband shall become the sole and exclusive owner of the Subject Premises and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Subject Premises, including, but not limited to, any interest granted pursuant to the MSA. Simultaneous with the execution of this Addendum, Wife shall execute a deed transferring all of her right, title and interest in the Subject Premises to Husband, which deed shall be recorded with the Cumberland County Recorder of Deeds. Wife agrees that as of the date of execution of this Addendum, any and all title policies and any other policies of insurance with respect to the Subject Premises shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall b~ entitled to receive any payments now or hereafter due under such insurance policies. Immedia±ely upon execution of the Addendum, Husband shall have sole exclusive possession of the Subject Prerriises and shall be solely and exclusively responsible for all costs, expenses and liabilities associate with or attributable to the Subject Premises, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs incurred subsequent to the execution of the Addendum. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actually attorneys fees, which may be incurred in connection with such liabilities and 2 expenses or resulting from Husband's ownership interest in the Subject Premises subsequent to the date of this Addendum. 3. Miscellaneous. No provision of this Addendum shall be interpreted for or against any party hereto by reason that said party or his or her legal representative drafted all or any part hereof. 4. General Provisions. This Addendum constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them regarding alimony. 5. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Addendum, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 6. Modification. No modification, rescission or amendment to this Addendum shall be effective unless in writing signed by each of the parties hereto. 7. Applicable Law. This Addendum shall be construed under the laws of the Commonwealth of Pennsylvania. 8. Agreement Not to be Merged. This Addendum may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Addendum under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 3 9. Counteraarts. This Addendum may be executed in one or more counterparts, each of which shall be considered an original instrument and all of which together shall be considered one and the same Addendum, and shall become effective when counterparts, which together contain signatures of each party, shall have been delivered to all of the parties hereto. Delivery of executed signature pages by facsimile transmission shall constitute effective and binding execution and delivery of this Addendum. Thereafter, the parties will make good faith efforts to exchange original signed counterparts. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: ~f~_ P. WA E C. KILLING 4 STATE OF PENNSYLVANIA ss. COUNTY OF ~ M ~~~-~~ Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, DANIELLE L. KUNTZ, formerly known as, DANIELLE L. KILLINGER, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this Z`-{'~' day of , 2010. COMMONWEALTH OF PIE:IVNSYLVANIA Notarial Seal Very L. Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Jan. 6, 2011 rti1embar, F'ersnrii,-;r;;,,, ~s. ,~,ss;tior; of N,^,tdres COMMONWEALTH OF PENNSYLVANIA G,,nr,t~,~~ ~ COUNTY OF HEN Notary Public My Commission Expires: . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, WAYNE C. KILLINGER, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this 2`~~' day of ~p''~~1~~~- , 2010. COMMONWEALTH OF PENNSYLVANIA Notary Publi Notarial Seal Vicky L. Fitz, Notary Public Susqueh~rnna T4+:i~.. tea+.~phin County My Commission Expires: My C:crn;~ E~ssiort ~a~;:;ices Jan. 6, 2011 Member, Pennsylvania /,.ssociation of Notaries e ~ 1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2009, by and between Danielle L. Killinger, of Cumberland County, Pennsylvania, and Wayne C. Killinger, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Wayne C. Killinger (hereinafter called "Husband") currently resides at 154 East Lowther Street, Apt. D, Carlisle, Pennsylvania 17013; and WHEREAS, Danielle L. Killinger (hereinafter called "Wife") currently resides at 677 West Lowther Street, Carlisle, Pennsylvania 17013; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 1, 1997; and WHEREAS, the parties have lived separate and apart since as defined under the divorce laws of the Commonwealth of Pennsylvania on or about Apri15, 2009; and WHEREAS, two children were born of the marriage between the parties, namely, Taylor Killinger, born July 19, 1997; and Kassidy Killinger, born November 20, 2001; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. EXiiIflIT ~ 1 ~ NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live sepazate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the sepazation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2 y 1 @ ] 1 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband and Wife acknowledge that this Agreement has been prepared by counsel selected by both, to wit, John F. King, Esq. John F. King, Esq. has advised Husband and Wife that they have the absolute right to be represented by separate and independent counsel of their choosing to advise each of them in the within matter, and John F. King, Esq. has strongly recommended to both parties that they secure said counsel. John F. King, Esq., is acting in the role of scrivener, and has not given legal advice to either party. By executing the within Agreement, the parties acknowledge that they understand their right to said counsel and have consulted with said counsel or is voluntarily choosing not to do so. By executing the within Agreement, the parties waive any claim for conflict of interest which they could otherwise assert against John F. King, Esq. Each party fully understands the facts and their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital f f ~ j property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives their respective rights to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank 4 ~ 4 1 statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 09-5597. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that the divorce may be finalized in a timely fashion. Upon completion of the divorce action, Wife shall supply Husband with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 677 West Louther Street, Carlisle, Pennsylvania 17013 (hereinafter called "subject premises"). From and after the date of execution of this Agreement, Wife shall enjoy sole and exclusive possession of t e ~ e subject premises. Husband agrees that he will transfer all of his right, title and interest to Wife individually. Wife shall have five (5) years from the date of execution of the within Agreement to either refinance said property, removing Husband's name as an obligor on all mortgages and notes encumbering said property, or to sell the property so as to remove Husband as an Obligor on all mortgages and notes encumbering said property. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles: Husband is the owner of a 2008 GMC Sierra, currently titled in both names. Wife is the owner of a 2004 Pontiac Grande Prix, currently titled in both names. Each party shall retain sole and exclusive possession of the vehicle of which said party is described as "owner" above, and shall likewise be solely responsible for any encumbrances thereon. Each party shall cooperate by executing all Penndot and other documents necessary to effectuate the transfer the title of each vehicle to that party described as "owner" above. Husband agrees to initiate the steps necessary to remove Wife as an Obligor as a debt encumbering the 2008 GMC Sierra. Husband is the owner of a 30' 2006 Terry Dakota camper, and shall likewise be solely responsible for any encumbrances thereon. Husband will take the steps necessary to remove Wife's name as an Obligor on the underlying debt. It is the intent of the parties that 6 ~~ ,. Husband will cause to have the camper sold on the open market. The parties agree that if the net amount realized from the sale of the trailer is deficient to payoff the underlying debt, Wife shall be responsible for one-third (113) of said deficiency, except that under no circumstances shall Wife be required to contribute more than Two Thousand Dollars ($2,000.00) toward said deficiency. Husband shall be responsible for the balance of any deficiency. D. Life Insurance: Each party waives any claim of ownership, or right to inherit from, any life insurance policy insuring the life of the other. E. Investments: Except as set forth herein, each party waives any right to any investments in the other party's individual name. F. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. G. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband. The parties agree that Husband shall own, possess, 7 ~r !. and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other parry is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited ta, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against 8 k any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. Husband shall be entitled to claim the child, Kassidy Killinger, as his dependent for income tax purposes and Wife shall be entitled to claim the child, Taylor Killinger, as her dependent for income tax purposes. 9 Husband and Wife agree each year to sign any forms required by the IRS to permit the dependent filings as contained herein. 8. 401(k) PLANS. Husband and Wife are each the owner of a separate 401(k). Wife shall retain her 401(k) in its entirety. Husband shall initiate the steps necessary to effectuate the rollover of Fifteen Thousand Dallazs ($15,000.00) from Husband's 401(k) to Wife's 401(k) within thirty (30) days of the issuance of a Divorce Decree. Should it be determined that a Qualified Domestic Relations Order (QDRO) is required to effectuate Husband's rollover to Wife, Husband shall be solely responsible for any of the costs incurred to have the QDRO prepared. 9. CHILD SUPPORT. Husband agrees to pay to Wife the amount of Four Hundred Sixteen Dollars ($416.00) biweekly as child support, so long as Wife continues to be the primary custodial parent of both children. Should either child no longer be in Wife's primary custody, or upon Taylor reaching the age of eighteen (18) years, Husband shall pay the amount of Two Hundred Eight Dollars ($208.00) biweekly to Wife. When Kassidy turns eighteen (18) years or should both children no longer be in the primary custody of Wife, Husband's obligation for the payment of child support will end. Any reduction in Husband's support obligation as described herein is nullified in the event the children pursue higher education at an accredited four (4) year institution. In the case of such pursuit of higher education, the age of "twenty-one (21) yeazs" shall be substituted in all references in this paragraph to the age of "eighteen (18) years". If either child pursues higher education at an accredited four (4) year institution, Husband and Wife shall divide equally the cost of tuition of said child or children, after applying as a reduction, said tuition by any scholarships, awards, or the like. 10 • ( / ;' The terms of child support contained herein shalt be modifiable through an action at Domestic Relations upon a change in circumstance of either party. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11 C 1 ~ 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and Liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which aze now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this pazagraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from ' the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and 12 obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendcnte litc, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements .and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. .Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, 13 ,~, rights or demands whatsoever in law or inequity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouselformer spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall 14 + ~ nevertheless survive and continue in full farce and effect without being impaired or invalidated in any way. 16. BREACH. if either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each party is required to keep the other apprised of their current address for notice to him or her. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 15 • i ~ ~ 21. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and et~ect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTII';S AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 16 ! ~ '~ • 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has waived the right to consult with an attorney despite being advised to do so; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 17 r IN WITNESS Wf-[l~Rl?t )~~, the parties hereto have :,et their handy and Seals the day and year first written above. l -~... ~`~3~ ~` ~ 1)antelli {~~k#11in~er ) ,) ~K' t,. / Wayne C. Kiltulgcr COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~',t,1.~-1~t...~.~.'~k(1t..~c.t:~•f~ :sti: ,_ ,~ '~ . On this, the ~ ~-- day of~~'~~~ ~?- ~ , 2009, before me a Notary Public, the undersigned officer, personally appeared Danielle L,. Killinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officia! seal. ... ,.. . . COMMONWEALTH OF PENNSYLVANIA ` COUNTY OF ~ ` i f ~~_ 1,.~.i ~. i' r~ t ~' `° : ss: On this, the t~ `- day of --' '' ~ , 2009, before me a Notary Public, the undersigned officer, personally appeared Wayne C. Killinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public , i 18 DANIELLE L. KILLINGER, IN THE COURT OF COMMON PLEAS OF now known as DANIELLE L. CUMBERLAND COUNTY, PENNSYLVANIA KUNTZ, Plaintiff V. WAYNE C. KILLINGER, Defendant : CIVIL ACTION - LAW : NO. 09-5597 CIVIL TERM IN RE: ADDENDUM TO MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 16'h day of November, 2010, upon consideration of a document entitled "Addendum to Marital Settlement Agreement," which has been filed of record with a proposed order attached to it, with no accompanying motion or indication of who filed it, no action will be taken at this time, without prejudice to the right of either party to file a motion requesting that the proposed order be entered pursuant to the agreement of both parties. anielle Killinger n.k.a Danielle Kuntz 406 Georgetown Road Mechanicsburg, PA 17050 Plai iff, pro Se Wayne C. Killinger 154 E. Louther Street Apt. D Carlisle, PA 17013 Defendant, pro Se o n?M c -C 2- rn cr ? y.c w ..,. ofry < ;;0 BY THE COURT, Courtesy Copy: /LeRoy Smigel, Esq. ,/ 4431 N. Front Street Harrisburg, PA 17110 Xc 120f /n=lLfA--L SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Susan E. Good, Esquire ID #93295 4431 North Front Street, 3nd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Ismigel0.sasilp.com nood csasllp corn Attorneys for Defendant DANIELLE L. KILLINGER now known as DANIELLE L. KUNTZ PLAINTIFF V. FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 23 AM 8: 25 CUMBERLAND NHANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5597 WAYNE C. KILLINGER, DEFENDANT CIVIL ACTION - DIVORCE MOTION TO AMEND DIVORCE DECREE AND NOW, comes the Defendant, Wayne C. Killinger, by and through his attorneys, Smigel, Anderson & Sacks, and makes the following motion: 1. On November 18, 2009, a Divorce Decree was issued in the above-captioned matter and the Marital Settlement Agreement entered into by Plaintiff, Danielle L. Killinger, nka Danielle L. Kuntz, and Defendant, Wayne C. Killinger, was incorporated, but not merged, and made part of the Divorce Decree. 2. On September 24, 2010, Plaintiff and Defendant entered into an Addendum to Marital Settlement Agreement (hereinafter "Addendum"). 3. As the parties' Marital Settlement Agreement was incorporated, but not merged, and made part of the Divorce Decree, Defendant wishes to also incorporate, but not merge, the Addendum I and make it part of the Divorce Decree. 4. Plaintiff does not object to the incorporation of the Addendum into the Divorce Decree. WHEREFORE, Defendant requests that this Honorable Court amend the Divorce Decree of November 18, 2009, to incorporate, but not merge, the Addendum into the Divorce Decree. Respectfully submitted, Date: 06110 SMIGEL, ANDERSON & SACKS, LLP By: e LeRoy Smigel, Esquire I.D. #09617 Susan E. Good, Esquire I.D. #93295 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Susan E. Good, Esquire ID #93295 4431 North Front Street, 3'd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 1smiU1C?asasllp.corn sgoodAsasllp.com Attorneys for Defendant DANIELLE L. KILLINGEI, now known as DANIELLE L. KUNTZ PLAINTIFF V. WAYNE C. KILLINGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5597 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the Motion to Amend Divorce Decree was served on Plaintiff by depositing same in the U.S. Mail, on November 22, 2010, with postage prepaid for first class mail and addressed as follows: DANIELLE KILLINGER KUNTZ 406 GEORGETOWN ROAD MECHANICSBURG, PA 17050 Date: 11 ?40 SMIGEL, ANDERSON & SACKS, LLP By: A t - LeRoy Smigel, Esquire I.D. #09617 Susan E. Good, Esquire I.D. #93295 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant DANIELLE L. KILLINGER, nka, : IN THE COURT OF COMMON PLEAS OF DANIELLE L. KUNTZ, PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. WAYNE C. KILLINGER, DEFENDANT NO. 09-5597 Ammm DIVORCE DECREE AND NOW, Woo . 3o , 20 [0 , it is ordered and decreed that DANIELLE L. KILLINGER, nka, DANIELLE L. KUNTZ, PLAINTIFF , plaintiff, and WAYNE C. KILLINGER, DEFENDANT have been , defendant,4re-divorced from the bonds of matrimony on November 18, 2009. 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. It is further ORDERED and DECREED that the Addendum to Marital Settlement Agreement executed by and between the parties dated September 24, 2010, is incorporated by reference into this Amended Decree for the purposes of enforcement, but shall NOT be deemed to have been merged with this Amended Decree. By the Court, J/_ At st: - Y J. Prot onotary I I/aj 10 -- ce,4-4 ec, py tl-l?dcL 4" &? y ?r. 04?,? tx,rn Copy Ynal tiLL -4 o t?. sue, ?ur- l ,,i . FILED-OFFICE OF THE PROTHONOTARY 2019 NOV 30 QM 10: i3 CUMBERLAND COUNTY RENNSYLVANIA DANIELLE L. KILLINGER now known as DANIELLE L. KUNTZ PLAINTIFF V. WAYNE C. KILLINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5597 DEFENDANT CIVIL ACTION - DIVORCE ORDER AND NOW, this V-1 day of of , 2010, upon consideration of - Defendant's Motion to Amend Divorce Decree, is hereby ORDERED and DECREED that the Divorce Decree of November 18, 2009 is hereby amended to incorporate the Addendum to Marital Settlement Agreement signed by the parties in this matter, for purposes of enforcement only, but shall not be merged into said Decree. BY THE COURT: -1 al, I J. Distributi : -,-'LeRoy Smigel, Esquire; 4431 N. Front St., Harrisburg, PA 17110 __---ffa-nielle Kilinger, nka Danielle Kuntz, 406 Georgetown Road, Mechanicsburg, PA 17050