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HomeMy WebLinkAbout06-0683MARK C. KREBS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO. n la - L,R3 Cpl v L??ir.-l HELAINE 3. KREBS, DEFENDANT In Divorce NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(c) DIVORCE DECREE To: Helaine J. Krebs, Defendant You have been sued in an action for divorce. 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 at the Cumberland County Courthouse, Prothonotary's Office, 1 Courthouse Square, Carlisle, PA 17013,(717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANED, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 MARK C. KREBS, PLAINTIFF VS. HELAINE 3. KREBS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.6G-6Y3 L;d 7-zU : In Divorce COMPLAINT UNDER SECTION 3301M) OF THE DIVORCE CODE 1. Plaintiff is Mark C. Krebs, residing at 2 Laurel Drive, Enola, PA 17025. 2. Defendant is Helaine 3. Krebs, residing at P.O. Box 298, Penns Creek, PA 17862. 3. Mark C. Krebs has been a bona fide resident in the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 14, 1989, in Mechanicsburg, PA. 5. Plaintiff avers that there is one child of the parties under the age of 18. 6. The defendant is not in the military or naval services of the United States or its allies, or is otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff requests the court to enter a decree of divorce. Respectfully Submitted, Date: William K Shreve Attorney for Plaintiff ID # 82337 (717) 234-6001 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Date: 11A s/o G 9 -? a ?! ,?, Mark Krebs, Plaintiff MARK C. KREBS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. HELAINE J. KREBS, DEFENDANT In Divorce CERTIFICATE OF SERVICE AND NOW, this ?? day of January, 2006, I, William M. Shreve, hereby certify that I have or will serve the within Divorce Complaint upon the persons and in the manner indicated below: Service by First-Class Mail: Samuel Andes, Esquire Counsel for Defendant 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 William M. Shreve Attorney for Plaintiff ID# 82337 (717) 234-6001 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 w Cr m O:i n a i d ? L MARK C. KREBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-683 CIVIL HELAINE 1. KREBS, DEFENDANT In Divorce AFFIDAVIT OF SERVICE I, William M. Shreve, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached Acceptance of Service. Respectfully submitted, Date: h r? William M. Shreve Attorney for Plaintiff Supreme Court No. 82337 (717) 234-6001 P.O. Box 5292 Harrisburg, PA 17110 MARK C. KREBS, PLAINTIFF VS. HELAINE J. KREBS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-683 CIVIL In Divorce AFFIDAVIT OF SERVICE I hereby accept service of the complaint filed in the above captioned matter on behalf of my client, Helaine J. Krebs. Date: + )(p 7-Qc - 'U"J? Sa 1 L. An e , squire MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2LY??"- day of 2006 between Mark C. Krebs, (hereinafter referred to As HUSBAND), and Helaine J. Krebs (hereinafter referred to as WIFE). WITNESSETH: WHERAS, Husband and Wife were lawfully married on October 14, 1989, in Cumberland County, Pennsylvania: and WHEREAS, (1 ) child was born of this marriage: Zachary P. Krebs born February 10, 1992. WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; The settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband had been represented by William M. Shreve, Esquire and that Wife has been informed that she has the right to independent legal counsel, she is represented by Samuel L. Andes, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that 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. NOW THEREFORE, in consideration of the 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, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, !ter alla, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 22. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further convenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further convenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. b. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit- sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. Wife shall retain the leased 2002 Jeep Wrangler and shall assume and indemnify Husband from all responsibility for the lease on that vehicle. Husband shall cooperate in all respects to transfer the registration for the said vehicle to Wife's name, and he shall execute any necessary documents to facilitate a trade-in of that vehicle by Wife at any time in the future. Husband waives any right or interest he may have in the 2002 Jeep Wrangler or the lease. BOAT Wife hereby remits, releases and quitclaims to Husband, his heirs and assigns forever, all the respective rights, title and interest she may have in the 14' John Boat. Husband hereby agrees to accept all responsibility for the financing, maintenance and insuring of said vehicle, and hereby represents and Warrants that Wife's name does not appear on the lease for the said vehicle. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. Husband agrees to return the personal property of Wife as listed in Exhibit "A" attached hereto and made a part hereof. All other household items will remain in the house as property of the Husband. The transfer of such items shall take place within thirty (30) days following the date of execution of this Agreement. Husband will re-finance the bedroom furniture, which he will keep, and the Husband will be responsible for the payments. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 2 Laurel Drive, Enola, Pennsylvania. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a Deed transferring sole and absolute ownership, right, title and interest in and to the said premises to Husband. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. In addition, Husband agrees to refinance the mortgage and obtain the Wife's unconditional release within 90 days of the execution of this agreement. From the date of this Agreement, Husband shall assume as his sole obligation all of the expenses incident to the use and ownership of the said marital home, including, without limitation, any and all mortgage payments, specifically the mortgage, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements, and further convenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligation or expenses or any claims or demands as a result thereof. The parties acknowledge that Husband shall have the sole right to claim any available tax deductions associated with the said residence for any time subsequent to the date of execution of this Agreement. 9. DEBTS. Wife previously received $500 from the tax refund and Husband has kept the remainder of the income tax return for 2005 to pay the Mortgage fees and a credit card. The parties agree in this distribution to resolve these marital debts. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 10. CUSTODY OF CHILDREN. Children were born of this marriage: Zachary P. Krebs, born February 10, 1992, the parties will share legal custody of the said child. The parties agree that the said child will remain in the primary physical custody of Husband, subject to periods of partial custody with Wife as the parties shall mutually agree and Wife's rights of partial custody as set forth herein. For such period of time as the children remain in the primary physical custody of Husband, he shall be entitled to claim any appropriate dependency exemptions and child care expense credits for tax purposes. Telephone Contact. The parties agree that the child is to have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his or her right to physical custody. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as to the medical care and treatment of the child. Relocation. Upon the knowledge of a pending relocation of either parent, that parent must immediately inform the other of his or her new address and telephone number. 11. MEDICAL INSURANCE. The parties shall equally share all medical, dental, prescription, eyecare, orthodontic and counseling expenses for the child which are not otherwise paid by medical insurance until the child has graduated from college or has earlier terminated his or her education. Wife shall reimburse Husband within fifteen (15) days for any unreimbursed expenses he incurs for the child. 12. COLLEGE EXPENSES. The parties each acknowledge herein that it is their intent to contribute 50/50 to the expenses associated with the college or other post-high school education for their child. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books, however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto their child for the payment of said expenses. Both parents shall be involved in the selection of an academic institution. Further, the child will be required to apply for and to use all possible grants, scholarships and work-study programs and any of their own income or assets before the parties are responsible to contribute to their college expenses. 13. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 14. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties accept the provisions of their Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lit, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 15. DIVORCE: A Complaint in divorce has been filed to No. 06- 683 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 © of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 17. RECONCILIATION. Notwithstanding a reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 18. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 20. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 24. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 25. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 26. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 27. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 28. 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. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: Mark C. Krebs J Helaine J. Krebs HOUSEHOLD AND PERSONAL PROPERTY REQUESTED BY HELAINE KREBS 1. Grandmother's China 2. Preserved wedding dress 3. Bakers rack 4. Corner cupboard 5. EMT boots 6. Swivel TV Stand 7. Futon 8. Dresser(s) 9. Medium Suitcase 10. Cookbooks/Books 11. Wine rack 12. Table and Chairs on porch 13. Plate rack and sunflower plates (2) 14. Shelf w/ pegs from living room 15. Red, White and Blue small bench from living room COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF M On this day of 2006, before me, the undersigned officer, personally appeared Mark C. Krebs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the some for the purposes therein contained. kz--?- - My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notary Public Commonwealth of Pennsylvania NOTARIAL SEAL ROBERT L. GILL, Notary Public East Pennsboro Twp., County of Cumberland My Commission Expires May 26, 2009 COUNTY OF SS. (?YV(uk LYS Z ,? On this % `4ay of 2006, before me, the undersigned officer, personally a eared Helaine J. Krebs, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the some for the purposes therein contained. 01A( LtfL4, Notary blic My Commission Expires: NOTANIALSEAL AMY M. HARKINS, NOTARY PUBU LM MY OOMMI BORO., CUMBERWrp COUNfY S&ON OV?ES fEB. ? 100! ? l T C? C- v L& MARK C. KREBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-683 CIVIL HELAINE J. KREBS, DEFENDANT In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(0 of the Divorce Code was filed on February 2, 2006 and served upon the Defendant on or about February 10, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and serve of the Complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in 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 that 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 unworn falsification to authorities. Date: ? M / K C. KRE14b7I MARK C. KREBS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-683 CIVIL HELAINE J. KREBS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 February 2006 and served upon the Defendant on or about 10 February 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: HELAINE J. KREBS MARK C. KREBS, PLAINTIFF VS. HELAINE J. KREBS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-683 CIVIL 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. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. The Defendant received a copy of the Complaint for Divorce filed by the Plaintiff on February 10, 2006, as evidenced by the Affidavit of Service filed on March 6, 2006. 3. The Defendant executed the Affidavit of Consent required by § 3301(c) of the Divorce Code on June 2, 2006. This Affidavit of Consent was filed with your office contemporaneously with the filing of this Praecipe. 4. The Plaintiff executed the Affidavit of Consent required by § 3301(c) of the Divorce Code on June 5, 2006. This Affidavit of Consent was filed with your office contemporaneously with the filing of this Praecipe. 5. To the knowledge of undersigned counsel, there are no related claims pending. 6. The Plaintiff executed a Waiver of Notice on June 5, 2006. This Waiver of Notice was filed with your office contemporaneously with the filing of this Praecipe. 7. The Defendant executed a Waiver of Notice on June 2, 2006. This Waiver of Notice was filed with your office contemporaneously with the filing of this Praecipe. Respectfully submitted, DateL' ???C?? _- a William M. Shreve Attorney for Plaintiff Supreme Court No. 82337 (717) 234-6001 3618 North Sixth Street Harrisburg PA 17110 r.n l I lam' [.,•.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. 06-683 VERSUS DECREE IN CIVIL DIVORCE AND NOW, 3 rD IT IS ORDERED AND DECREED THAT MARK C. KREBS , PLAINTIFF, AND HELAINE J KREBS DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V? ROTHONOTARY • S e ` pi ? ? R. MARK C. KREBS, PLAINTIFF VS. HELAINE J. KREBS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-683 CIVIL In Divorce WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of the undersigned attorney on behalf of the above-named Plaintiff, Mark C. Krebs. Date: 7- -l' Respectfully submitted, William M. Shreve Supreme Court No. 82337 (717) 234-6001 3618 North Sixth Street Harrisburg, PA 17110 ENTRY OF APPEARANCE Kindly enter the appearance of Mark C. Krebs as pro se in the above- captioned matter. Date: ,r2G 0 e. Mark C. Kre s 2 Laurel Drive Enola, PA 17025 C7 Mrs t?U -C