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HomeMy WebLinkAbout09-7821DENISE C. KRAMER, Plaintiff V. DOUGLAS K. KRAMER, Defendant NOTICE TC :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. X- 7Sd / I 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 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DENISE C. KRAMER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE DOUGLAS K. KRAMER, Defendant :NO. O 9- 7 F d COMPLAINT AND NOW comes the Plaintiff, Denise C. Kramer, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Denise C. Kramer, is an adult individual residing at 59 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Douglas K. Kramer, is an adult individual residing at 105 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on June 1, 1996. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Denise C. Kramer, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Denise C. Kramer, 2 • I? respectfully requests the Court to divide all marital property equitably between the parties. DATED: (/--- 11'-V7 Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 harles O. eckley, II VERIFICATION I, Denise C. Kramer, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: Denise C. Kramer ? r i' t SHERIFF'S OFFICE OF CUMBERLAND R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Denise C. Kramer vs. Douglas K. Kramer ,, or?r+nbc?r0 • t iT. SHERIFF'S RETURN OF SERVICE COUNTY OF BLED-OFFICE 2004 NOY 20 A111 8: 4 4 Gt1Pf r . • ??(?,?.i d PE r,; Case Number 2009-7821 11/17/2009 02:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Douglas K. Kramer, by making known unto himself personally, at 105 E. Keller Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 November 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Z??Z Z/ Deputy S eriff (ci CountySurte Shenff. Teleosoft. Inc. ?.""?„ I~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. KRAMER Plaintiff v. DOUGLAS K. IS:RAMER Defendant -CIVIL ACTION -LAW r? ^_' -_ _ ., t.:J ~1 ~.-, ~, _, -- NO. 09-7821 ~-. - _ DIVORCE }. STIPULATED PROPERTY SETTLEMENT AGREEMENT .},,~ qu9us-~ Txis AGxEEMENT is hereby made and entered into this -, day of AtS 2010, by and between DOUGLAS K. KRAMER (hereinafter "Husband") and DENISE C. KRAMER (hereinafter "Wife") Witnesseth: Whereas, the parties hereto are Husband and Wife, having been married on June 1, 1996; Whereas, marital differences and difficulties have arisen between the parties; Whereas, the parties separated on or about November 11, 2009 (hereinafter "Separation Date") and intend to continue to live apart and desire to forever completely settle separation of their marital and non-marital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; DCK-~~ I~ DKK~ Page 1 of 18 ~ r A Whereas, DOUGLAS K. KRAMER is represented by Peter J. Russo, Esquire of the Law Offices of Peter J. Russo, P.C.; Whereas, DENISE C. KRAMER is represented by Elizabeth Beckley, Esquire of Beckley & Madden; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither Page 2 of 18 DCK~~~ DK:Kf party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Husband shall assume all payments, including all loan payments, insurance and repair bills connected with any and all vehicles in his possession, and Wife agrees to take whatever steps are necessary to place title of said vehicles in Husband's sole name. With respect to said vehicles, Wife agrees that Husband shall retain possession of and retain as his sole and separate property the vehicles in his possession with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this paragraph. b. Wife shall assume all payments, including all loan payments, insurance and repair bills connected with any and all vehicles in her possession, and Husband agrees to take whatever steps are necessary to place title of said vehicles in Wife's sole name. With respect to said vehicles, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the vehicles in her possession with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. c. Husband shall execute the title to Wife's vehicle and Wife shall execute the title to Husband's vehicle. Counsel for Wife shall deliver the title to Wife's vehicle to Husband's Page 3 of 18 DCK ~ ~ DKK d~'rc~ counsel and Husband shall execute the same in a prompt fashion. Upon the execution of Wife's title by Husband, Wife shall make arrangements to execute Husband's title and deliver the personal items set forth in Paragraph 7. 4. ASSUMPTION OF MARITAL DEBT The parties have outstanding debt to Holy Spirit Hospital in the amount of $598.36. Wife agrees to pay one half of that obligation. It is specifically agreed by the parties that any payment or obligation due under this Agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the Separation Date. Wife represents and warrants to Husband that, since the Separation Date, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and hold Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the Separation Date. Husband represents Page 4 of 18 DCK ,~~ DKK ~~ and warrants to Wife that, since the filing of Separation Date, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and Hold Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 6. MARITAL RESIDENCE AND CONTENTS During the course of this marriage, the parties resided at the marital residence located at 105 East Keller Street, Mechanicsburg, PA 17055, deeded and titled in the names of both Husband and Wife (hereinafter "Marital Residence"). The marital residence was sold and $41,169.29 represents the total sales proceeds which are being held in the escrow account of Elizabeth Beckley, Esquire. Both parties agree to the following distribution of the funds being held in escrow as follows: 1. $4,138.76 payable to Doug's parents; 2. $598.36 payable to Holy Spirit Hospital for Case ID# 0005186389; 3. The balance of $36,432.17 to be divided equally between Husband and Wife; a. However from Husband's share the following shall occur: i. Husband shall remit $94.99 to Wife which represents the difference in taxes paid between the parties for the 2008 IRS bill (Husband paid $310.00 and Wife paid $499.98); ii. Therefore, Husband shall be paid a total of $18,121.10. b. However from Wife's share the following shall occur: i. Wife shall permit Elizabeth Beckley, Esquire to retain sufficient funds in her escrow account in order to pay the current lien on her vehicle which Page 5 of 18 DCK~~` DKK~ also bears Husband's name; ii. Elizabeth Beckley, Esquire is specifically authorized by Wife and as an integral part of this agreement, Elizabeth Beckley, Esquire shall remit the payment to for the release of the title and Husband's name from the financial obligation connected to said vehicle. iii. Therefore, the balance of Wife's fifty percent (50%) shall than be remitted to Wife. 7. MISCELLANEOUS PROPERTY -PERSONAL AND MARITAL With the exception of 2 Ned Smith Deer Pictures, the Turkey Picture and the Grouse Picture, it is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property upon the full execution of this Agreement. 8. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 9. JOINT ACCOUNTS Any joint accounts have been divided to the satisfaction of the parties and any claims involving joint accounts are mutually released or otherwise waived. Page 6 of 18 DCK~ DKK~ 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 11. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after the Separation Date; Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after the Separation Date. 12. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of Page 7 of 18 DCK~~~, DKK~ ~K action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. a. Simultaneously with the execution of this Agreement each a party shall execute an Affidavit consenting to the entry of a final degree in divorce. Further each parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. b. Husband shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. c. The right to request counseling is hereby waived by the parties. 13. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Page 8 of 18 DCK~~~~ DKK ~K 14. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees and expenses during and after the commencement of any divorce proceeding between the parties. 15. RESERVED 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of 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 martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of 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 interests, rights and claims and both parties will revoke prior wills or testamentary documents. Page 9 of 18 DCK~~~ DKK !JI-t~ 17. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 18. BREACH AND ENFORCEMENT If either parry hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an Page 10 of 18 DCK K. DKK O~ adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re- acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Page 11 of 18 DCK~~ DKK r~~ Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other parry as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fiarnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each parry to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 23. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the Page 12 of 18 DCK~~ K.. DKK ~~ parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings, undertakings or agreements other than those expressly set forth herein. Page 13 of 18 DCKJ~1-~ DKK Lx 25. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. Page 14 of 18 DCK{~,v~~ DKK~ 28. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 29. VOID CLAUSES 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 provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 30. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 31. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 15 of 18 DCK ~ K DKK ~ K IN TESTIMONY WHEREOF, witness the signature of the parties hereto this ~~h day of -~~, 2010. A u~uS~ Q~G~ Witness for DOU LAS K. KRAMER c itn s for DE R / ~ ~-~~' DOUGLA K. KRAMER DE1vISE C. KRAMER Page 16 of 18 DCK~~ DKK ~K COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ~~vs7 On this, the ~ ~ day of;• 2010, before me, a Notary Public, personally appeared DOUGLAS K. KR.AMER and in due form of law acknowledged the foregoing Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this ~ day of3~a, 2010. ~ii~'vsT Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial SCI Cesar L. Buono, Notary Public Camp HIH eoro, Cumberland County M ~ E Fab. 14, 2012 Member, Psnnayhrania AnoclaUon of Nofarles Page 17 of 18 DCKs~~ DKK ~~ ,- .. COMMONWEALTH OF PENNSYLVANIA ~~ ~~ :SS. COUNTY OF On this, the ~.U day of July, 2010, before me, a Notary Public, personally appeared DENISE C. KRAMER and in due form of law acknowledged the foregoing Agreement to be her act and deed, and desired that the same might be recorded as such. COMMONWEALTH OF PENN8Y NOTARIAL SEAL ELIZABETH S. BECKLEY, Notary Public City of Harrisburg, Dauphin County My Commission Expires March 17, 2013 Page 18 of 18 DCK~~ DKK ~~ Sworn to and subsc 'bed before me this ~ day .. `~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attomeys for Defendant ~.~~ ~.: . r ,- •- T~ _~, aoeo ~ l7 P~ ~;~ rtf7 f }~ °~1 .-~ v ~' ~, E~ U~~ ~ - . ~,1~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. KRAMER CIVIL ACTION -LAW Plaintiff , w. NO. 09-7821 DOUGLAS K. KRAMER Defendant 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. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint filed on November 12, 2009: Served via Sheriff on November 17, 2009. 3. Date of execution of the Affidavit of Consent and Waiver of Notice required by § 3301(c) of the Divorce Code: (a) By Plaintiff Denise C. Kramer on July 30, 2010; (b) By Defendant Douglas K. Kramer on August 6, 2010. 4. No other related claims are pending. 5. Plaintiffs and Defendant's Affidavits of Consent and Waivers of Notice are being filed with the Prothonotary simultaneously herewith. Date: ~ ~'? /~ LAW ICES OF PETE USSO, P.C. orne s for Peter usso, Esquire I D # 72897 ~/ Elizabeth J. Saylor, Esquire o`~ I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attomeys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. KRAMER CIVIL ACTION -LAW Plaintiff _ ~• NO. 09-7821 DOUGLAS K. KRAMER . Defendant DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe to Transmit Record and Proposed Divorce Decree upon the person(s) and in the manner indicated below: U.S. Mail addressed as follows: Elizabeth Beckley, Esquire Beckley & Madden 212 N. Third Street Box 11998 Harrisburg, PA 17108 Amber L. Sou hard, Paralegal Date: ~ l <<Q `~~ DENISE C. KRAMER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW :IN DIVORCE DOUGLAS K. KRAMER, Defendant :NO.2009 - 07821 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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. Dated: J~~ ~ ~ `Q ~~~~~~ ~ ~ Denise C. Kramer DENISE C. KRAMER, Plaintiff v. DOUGLAS K. KRAMER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO.2009 - 07821 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) 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. 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. Dated: Jal 30 ~ ~ ~t 1 if Denise C. Kramer ~i LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attomeys for Defendant -- r f _ ' r aaia r4uG ~7 Fwl i : ss IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. KRAMER CIVIL ACTION -LAW Plaintiff _ ~• NO. 09-7821 DOUGLAS K. KRAMER . Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed and served on Defendant on November 12, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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: ~/~ ! l b ~ ~ lG,~,~ Douglas K. Kramer LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: pnasso@pjrlaw.com Attorneys for Defendant ;~t ;=,_ - ~-- - ~~ :~, ~~ a i ~ ;' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. KRAMER Plaintiff v. DOUGLAS K. KRAMER Defendant CIVIL ACTON -LAW NO. 49-7821 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. 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 (0 a ~ 1~ ~--~c Dougla K. Kramer DENISE C. KRAMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS K. KRAMER NO 09-7821 CIVIL TERM DIVORCE DECREE AND NOW, u-y ~~ ~ ~` ~ Y ~~ ~ ~ , it is ordered and decreed that DENISE C. KRAMER DOUGLAS K. KRAMER bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") Stipulated Property Settlement Agreement dated August 6, 2010 and filed August 10, 2010 is herein incorporated but not merged. By the Court, ~~ Attest: J. Prothonotary ~ • [ `1 • (4 ~-~-. Cod ~MO~~ ~~ -~o (?j~2cK~ ~ ~~ -~' k~.sS 8