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HomeMy WebLinkAbout06-2787V• Sandra Kraybill, Plaintiff V. Michael Kraybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 7 CIVIL 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. Since the ground for the divorce is irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the: Office of Prothonotary Cumberland County Courthouse 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Sandra Kraybill, Plaintiff V. Michael Kraybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04- ?'7f7 CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Sandra Kraybill, who has been residing at 305 15'" Street, New Cumberland, Cumberland County, Pennsylvania, since 1989. 2. Defendant is Michael Kraybill, who has been residing in New Cumberland Cumberland County, Pennsylvania, since May 2005. Defendant's mailing address is P.O. Box 395, New Cumberland, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 4, 1985, at Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between Plaintiff and Defendant. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. Count One: Request for Divorce under Section 3301(c) of the Divorce Code 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference hereto. 8. The marriage between Plaintiff and Defendant 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 Plaintiff and Defendant to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 25 Pa.C.S. § 3301(c). Count Two: Request for Incorporation of Separation Agreement 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference hereto. 11. The public policy of the Commonwealth of Pennsylvania encourages the parties to a marital dispute to negotiate a settlement of their differences. 12. Plaintiff and Defendant have negotiated a fair and reasonable settlement of all issues concerning (a) the determination and disposition of property rights and interests between them; (b) the future care, custody and visitation rights as to the two children born of their marriage; (c) support for the two children born of their marriage; and (d) other matters pertaining to the marriage. The settlement between Plaintiff and Defendant is set forth in a "Separation Agreement," [hereinafter "the Agreement"] a true and correct copy of which is attached hereto as Exhibit "A". WHEREFORE, Plaintiff respectfully requests that, pursuant to 25 Pa.C.S. §§ 3104(a)(1) and 3104(a)(3), the Court approve and incorporate the Agreement in the final divorce decree. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 -2- VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated: a dra Kraybill, lai -3 - e-xH IBI'T Ar SEPARATION AGREEMENT THIS AGREEMENT made this, day of rVA 12005, by and between SANDRA L. KRAYBILL (hereinafter referred to as "Wife") and MICHAEL D. KRAYBILL (hereinafter referred to as "Husband"). WITNESSETH a WHEREAS, the parties hereto are Husband and Wife, having been married on May 4, 1985, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties separated on or about April 28, 2005; WHEREAS, the parties are the parents of two (2) minor children, Lauren A Kraybill, born December 28,1988; and Aaron E. Kraybill, born December 9,1991; WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settlement of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in the general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demand made against her by reason of debts or obligations incurred by him. The parties acknowledge that the sum of $5,000.00 has been paid toward Husband's BP Visa account from the joint checking account at Commerce Bank. The parties hereby agree that Husband shall be solely responsible for the balance due on Husband's BP Visa account, having an approximate balance of $30,000.00. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. The parties hereby agree that Wife shall be solely responsible for her Master Card account having an approximate balance of $28,000.00. 4. MISCELLANEOUS DEBTS Husband and Wife acknowledge and agree that there are no outstanding debts or obligations which were incurred by them jointly or individually during their marriage with the exception of those which are set forth below or elsewhere in this Agreement. The parties hereby agree that the following debts have been paid in full from the parties' joint checking account at Commerce Bank: Best Buy - $1,264.00; 2. Home Depot - $12,030.00; Husband's Master Card account - $3,500.00; 4. Home Repairs - $950.00. Wife shall be solely responsible for any additional expenses incurred for home repairs. 5. Vehicle loan payoff - $807.00; In addition, the parties hereby acknowledge and agree that Wife has paid Husband's security deposit of $490.00 from the Commerce Bank joint checking account and that $3,800.00 shall be paid from said account for the purchase of a vehicle for the parties' daughter and an additional $3,000.00 shall be retained for a summer vacation for Wife and the children. 5. LIABILITY NOT LISTED Each parry 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, for 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 hereinafter 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 such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY The parties acknowledge that they are presently the owners, as tenants by the entireties, of certain real property located at 305 15`h Street, New Cumberland, Cumberland County, Pennsylvania, the former marital residence. The parties shall execute a deed conveying to Wife, all of their right, title and interest in and to said real property. Wife hereby assumes all liabilities and obligations, whether incurred prior or subsequent to the date of execution of this Agreement, in connection with the upkeep and maintenance of the property, including, but not limited to the mortgage and home equity loan with Countrywide Home Loans, real estate taxes, assessments, homeowner's insurance, utilities, repairs and improvements. Wife shall indemnify Husband and hold him harmless from any and all claims of every kind arising out of or in connection with said property. DIVISION OF PERSONAL PROPERTY Each party shall retain as his or her sole and separate property, free and clear of any claim of the other, all items of personal property which each now has in his or her possession, respectively. 8. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to 4 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. MOTOR VEHICLES Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 PT Cruiser, currently titled in their names, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1995 Ford Windstar van, currently titled in her name alone, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. 10. The parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to the Civil Service Retirement System benefits of the other, specifically to include a waiver of any beneficiary designation thereunder or survivor benefit protection. The parties agree that they shall execute any documents necessary to accomplish the purpose of this paragraph. The parties acknowledge that they are aware of their respective rights to obtain an independent valuation of their respective interests in their Civil Service Retirement System benefits. However, in consideration of the transfers, payments and other considerations set forth in this Agreement, the parties hereby forever waive and relinquish any past, present or future right, title, interest or claim that they might otherwise have in and to the other's aforesaid retirement benefits, and the parties hereby waive their respective rights to have the retirement benefits valued. 11. FINANCIAL AND INVESTMENT ACCOUNTS The parties hereby acknowledge that during the marriage they have maintained a mutual fund through Putnam. The parties agree that said fund shall be divided equally and each hereby waives and relinquishes any right, title, claim or interest he or she may have with respect to the funds being retained by the other. 12. LIFE INSURANCE The parties acknowledge that they have each acquired a policy of life insurance issued by the Old Line Life Insurance Company. The parties hereby agree that the children of the parties, Lauren A Kraybill and Aaron E. Kraybill, shall be designated as equal and irrevocable beneficiaries of each policy and that said policies shall at all times be maintained in full force and effect and that all premiums shall be paid in ? full and timely manner. More specifically, each party shall be responsible for their own monthly premium for their own policy. 13. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS 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, as amended, 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. 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 or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. 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, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 14. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband acknowledges that he has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each party confines that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 15. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 16. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 17. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation, and the preparation and execution of this Agreement and for the dissolution of their marriage. 18. CUSTODY The parties hereby agree that they shall have shared legal custody of their two (2) minor children, Lauren A Kraybill and Aaron E. Kraybill, and that Wife shall have primary physical custody of the children. Husband shall have partial physical custody as the parties shall from time to time mutually agree upon and arrange. 19. HEALTH INSURANCE COVERAGE The parties acknowledge that Husband currently provides health insurance coverage for Wife and the children. Husband shall continue to provide health insurance for the children. Husband shall continue to provide health insurance for Wife under the same policy as the children as long as no additional costs are required to do so. 20. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the 9 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 hereby 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 waiver 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. 21, WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, 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. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 10 22. 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 §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. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 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 obligations which either party may have or at any time hereafter has 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 11 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 herein or as to any breach of 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 12 and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 26. 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 nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 13 28. 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. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confine that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; 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 shall be interpreted fairly and simply, and not strictly for or against either of the parties. 30. 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 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. 14 31. BREACH If either party hereto breaches any provision of this Agreement, 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. 32. 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 did 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. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 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 a divorce between the parties. 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 tern of this Agreement to be null and void. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: A RA L. KRAY MICHAEL D. I YBILL 16 STATE OF PENNSYLVANIA ss COUNTY OF On this, the r-2?- day of ?Cwlx 2005, before me, the undersigned officer, personally appeared SANDRA L. KRAYBILL, 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. Notarial seal M,? L IBM, Cumberland Notary Public My Caranis on Expires Nov. 24. 2M5 *vanlaASs STATE OF PENNSYLVANIA ss COUNTY OF On this, the ?' day of , 2005, before me, the undersigned officer, personally appeared MICHAE D. KRAYBILL, 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. Notarial seal Notary Public dpburt Bore, CumbuUM Ca W' LCm)r9'PWMSV1VRm' tea L. Bmch Notary 1?ublic wdssion Expires No v. ?a, 2DD5 : : k's dMam" 17 C><4 • "` (l ? ?t'rt _ C ? , Sandra Kraybill, Plaintiff V. Michael Kraybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2787 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the "Complaint Under Section 3301(c) of the Divorce Code" in the above captioned matter. A Dated: /4 91,14, Michael y i , / en t P.O. Box 395 New Cumberland, PA 17070 a-. -L fir, i iii . :.. -U D r? N ? J Sandra Kraybill, Plaintiff V. Michael Kraybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2787 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please 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 Complaint: Personal service by Sandra Kraybill in New Cumberland, Pennsylvania, on May 16, 2006. 3. Date of execution of Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff: August 18, 2006 By Defendant: August 18, 2006 4. Related claims pending: NONE. 5. Date Plaintiffs Waiver of Notice under § 3301(c) of the Divorce Code was filed with the Prothonotary: August 21, 2006. Date Defendant's Waiver of Notice in § 3301(c) of the Divorce Code was filed with the Prothonotary: August 21, 2006. 6. Plaintiffs Social Security number: 200-50-9269 Defendant's Social Security number: 182-46-1713 Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 n Q N U? N r= 4 i L a n ?J s ,.r _,i Ui i Sandra Kraybill, Plaintiff V. Michael Kraybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2787 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16, 2006 and served on May 16, 2006. 2. The marriage of Sandra Kraybill, Plaintiff, and Michael Kraybill, Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. n/ 4an ray ill, Plain' Dated: tJ ? C C) T LI TI ' ( :, N p Q A T N y W { Sandra Kraybill, Plaintiff V. Michael Kreybill, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2787 CIVIL IN DIVORCE 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 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 Waiver of Notice are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authoriti is- Dated: Kraybill, Plainti ?` r?_r 0 cr a va G mom, 7T _" a C:,_ l 17 oo p C kl* Sandra Kraybill, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, V. ) PENNSYLVANIA Michael Kraybill, ) CIVIL ACTION - LAW Defendant ) No. 06-2787 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16, 2006 and served on May 16, 2006. 2. The marriage of Sandra Kraybill, Plaintiff, and Michael Kraybill, Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. AA - W .4 ael ay 11, end; Mi Dated: 0 d- 47 Sandra Kraybill, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, V. ) PENNSYLVANIA Michael Kraybill, ) CIVIL ACTION - LAW Defendant ) No. 06-2787 CIVIL IN DIVORCE 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 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 Waiver of Notice are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. , J Q Michael Kray ill, a an Dated: l a C'a d O C o°., ^n { OC '; 4 r m n UI n'4\ W .C IN THE COURT OF COMMON PLEAS OFCUMBgRLAND COUNTY STATE OF PENNA. SANDRA KRABiLL, Plaintiff VERSUS MICHAEL KRAYBILL, Defendant N o. 06-2787 CIVIL DECREE IN DIVORCE AND NOW, AQ Cf USY 31 , 1006, IT IS ORDERED AND DECREED THAT SANDRA KRAYBILL , PLAINTIFF, AND MICHAEL KRAYBILL 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; NONE. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES DATED MAY 23, 2005, ACHED HERETO, IS INCORPORATED INT2MMS DECREE BY REFERENCE. BY THE COURT: ATTEST: J. "-4?4 PROTHONOTARY i f t ?I w ?o- •? Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL KRAYBILL, Defendant : NO.: 06-2787 CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE SEPARATION AGREEMENT Petitioner, Sandra Kraybill, by and through her counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully represents: Petitioner is Sandra Kraybill, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael Kraybill, Defendant in the above-captioned divorce action. 3. On May 23, 2005, the parties entered into a Separation Agreement, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. On August 31, 2006, the Honorable M.L. Ebert, Jr., issued a Decree in Divorce between the parties and in so doing incorporated the aforementioned Separation Agreement in the Decree by reference. A copy of said Decree is attached hereto, made a part hereof and marked Exhibit "B." 5. Paragraph 2 of the Separation Agreement provides as follows: "Husband's Debts - Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demand made against her by reason of debts or obligations incurred by him. The parties acknowledge that the sum of $5,000.00 has been paid toward Husband's BP Visa account from the joint checking account at Commerce Bank. The parties hereby agree that Husband shall be solely responsible for the balance due on Husband's BP Visa account, having an approximate balance of $30,000.00." 6. Petitioner was the primary obligor on the aforementioned BP Visa account, however Respondent was jointly obligated on the account. 7. Respondent, despite requests by Petitioner, has failed and refused to pay the balance due on the BP Visa account of $29,000.00. 8. On numerous occasions, Petitioner obtained and presented to Respondent the paperwork necessary to effectuate the transfer of the account from joint names to Respondent's name alone. Respondent, on each occasion, declined to sign the papers. 9. As a direct result of Respondent's failure and refusal to pay the balance due on the BP Visa account and Petitioner's position as primary on the account, she has been the subject of numerous collection efforts. 10. Petitioner has, very recently, negotiated a settlement with the representatives of BP Visa whereby the creditor accepted and Petitioner paid $6,109.00 in full satisfaction of this debt which totaled $29,088.17. 11. In order to satisfy the debt, Petitioner secured a loan from the New Cumberland Federal Credit Union for which she will pay the total sum of $8,002.02, in principal and interest. Further, Petitioner was obliged to pledge her automobile as collateral for the loan. 12. Petitioner has been advised that the difference between the actual amount due, $29,088.17 and the settlement amount, $6,109.00, will be reported to the Internal Revenue Service and treated as taxable income to her. 2 13. Paragraph 31 of the Separation Agreement provides as follows: "Breach - If either party hereto breaches any provision of this Agreement, 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." 14. Respondent's failure and refusal to discharge his obligation under paragraph 2 of the Separation Agreement constitutes a breach of said Agreement thereby obligating Respondent to reimburse Petitioner all of the costs, expenses and legal fees she has and will incur in the enforcement of her rights under the Agreement. 15. Paragraph 34 of the Separation Agreement provides as follows: "Effect of Reconciliation, Cohabitation or Divorce - 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 a divorce between the parties. 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." 16. The Separation Agreement remains in full force and effect and is enforceable by this Court. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule on Respondent to show cause, if any he has, why the relief sought herein should not be granted. More specifically, Petitioner is seeking an order directing Respondent to pay the sum of $8,202.00 to her, plus the attorney's fees and costs expended by her in this matter and that he remain liable for any and all tax, interest and penalties imposed by the Internal Revenue Service against her as a result of the settlement reached with BP Visa. Respectfully submitted, GOLD RG ZMA , P.C. Paul J. Es si Attorney I.D. 425454 320 Market Street P.O. Box 1268 Date: Harrisburg, PA 17108-1268 . l? ?aa9 (717) 234-4161 Attorneys for Petitioner/Plaintiff 4 VERIFICATION I verify that the statements contained in the foregoing PETITION TO ENFORCE SEPARATION AGREEMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to Date: SEPARATION AGREEMENT THIS AGREEMENT made this a_, day of , 2005, by and between SANDRA L. KRAYBILL (hereinafter referred to as "Wife' and MICHAEL D. KRAYBILL (hereinafter referred to as "Husband"). WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on May 4, 1985, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties separated on or about April 28, 2005; WHEREAS, the parties are the parents of two (2) minor children, Lauren A Kraybill, born December 28, 1988; and Aaron E. Kraybill, born December 9, 1991; WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settlement of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in the general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demand made against her by reason of debts or obligations incurred by him. The parties acknowledge that the sum of $5,000.00 has been paid toward Husband's BP Visa account from the joint checking account at Commerce Bank. The parties hereby agree that Husband shall be solely responsible for the balance due on Husband's BP Visa account, having an approximate balance of $30,000.00. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. The parties hereby agree that Wife shall be solely responsible for her Master Card account having an approximate balance of $28,000.00. 2 4. MISCELLANEOUS DEBTS Husband and Wife acknowledge and agree that there are no outstanding debts or obligations which were incurred by them jointly or individually during their marriage with the exception of those which are set forth below or elsewhere in this Agreement. The parties hereby agree that the following debts have been paid in full from the parties' joint checking account at Commerce Bank: 1. Best Buy - $1,264.00; 2. Home Depot - $12,030.00; Husband's Master Card account - $3,500.00; 4. Home Repairs - $950.00. Wife shall be solely responsible for any additional expenses incurred for home repairs. 5. Vehicle loan payoff - $807.00; In addition, the parties hereby acknowledge and agree that Wife has paid Husband's security deposit of $490.00 from the Commerce Bank joint checking account and that $3,800.00 shall be paid from said account for the purchase of a vehicle for the parties' daughter and an additional $3,000.00 shall be retained for a summer vacation for Wife and the children. 5. LIABILITY NOT LISTED Each parry 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, for 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 hereinafter incur it, and such party agrees to 3 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 such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY The parties acknowledge that they are presently the owners, as tenants by the entireties, of certain real property located at 305 15`h Street, New Cumberland, Cumberland County, Pennsylvania, the former marital residence. The parties shall execute a deed conveying to Wife, all of their right, title and interest in and to said real property. Wife hereby assumes all liabilities and obligations, whether incurred prior or subsequent to the date of execution of this Agreement, in connection with the upkeep and maintenance of the property, including, but not limited to the mortgage and home equity loan with Countrywide Home Loans, real estate taxes, assessments, homeowner's insurance, utilities, repairs and improvements. Wife shall indemnify Husband and hold him harmless from any and all claims of every kind arising out of or in connection with said property. 7. DIVISION OF PERSONAL PROPERTY Each party shall retain as his or her sole and separate property, free and clear of any claim of the other, all items of personal property which each now has in his or her possession, respectively. 8. AFTER-ACOUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to 4 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. MOTOR VEHICLES Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 PT Cruiser, currently titled in their names, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1995 Ford Windstar van, currently titled in her name alone, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. 10. RETIREMENT BENEFITS The parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to the Civil Service Retirement System benefits of the other, specifically to include a waiver of any beneficiary designation thereunder or survivor benefit protection. The parties agree that they shall execute any documents necessary to accomplish the purpose of this paragraph. The parties acknowledge that they are aware of their respective rights to obtain an independent valuation of their respective interests in their Civil Service Retirement System benefits. However, in consideration of the transfers, payments and other considerations set forth in this Agreement, the parties hereby forever waive and relinquish any past, present or future right, title, interest or claim that they might otherwise have in and to the other's aforesaid retirement benefits, and the parties hereby waive their respective rights to have the retirement benefits valued. 11. FINANCIAL AND INVESTMENT ACCOUNTS The parties hereby acknowledge that during the marriage they have maintained a mutual fund through Putnam. The parties agree that said fund shall be divided equally and each hereby waives and relinquishes any right, title, claim or interest he or she may have with respect to the funds being retained by the other. 12. LIFE INSURANCE The parties acknowledge that they have each acquired a policy of life insurance issued by the Old Line Life Insurance Company. The parties hereby agree that the children of the parties, Lauren A Kraybill and Aaron E. Kraybill, shall be designated as equal and irrevocable beneficiaries of each policy and that said policies shall at all times be maintained in full force and effect and that all premiums shall be paid in a full and timely manner. More specifically, each party shall be responsible for their own monthly premium for their own policy. 13. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS 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, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the 6 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. 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 or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. 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, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 14. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband acknowledges that he has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each party confirms that he or she fully understands the terms, 7 conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 15. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 16. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 17. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation, and the preparation and execution of this Agreement and for the dissolution of their marriage. 18. CUSTODY The parties hereby agree that they shall have shared legal custody of their two (2) minor children, Lauren A Kraybill and Aaron E. Kraybill, and that Wife shall have primary physical custody of the children. Husband shall have partial physical custody as the parties shall from time to time mutually agree upon and arrange. 19. HEALTH INSURANCE COVERAGE The parties acknowledge that Husband currently provides health insurance coverage for Wife and the children. Husband shall continue to provide health insurance for the children. Husband shall continue to provide health insurance for Wife under the same policy as the children as long as no additional costs are required to do so. 20. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the 9 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 hereby 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 waiver 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. 21. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, 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. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 10 22. 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 §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. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 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 obligations which either party may have or at any time hereafter has 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 11 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 herein or as to any breach of 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 12 and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 26. 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 nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 13 28. 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. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; 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 shall be interpreted fairly and simply, and not strictly for or against either of the parties. 30. 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 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. 14 31. BREACH If either party hereto breaches any provision of this Agreement, 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. 32. 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 did 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. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE 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 a divorce between the parties. 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. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: a?DRA L. MICHAEL D. KRAY 16 STATE OF PENNSYLVANIA COUNTY OF ss On this, the day of 2005, before me, the undersigned officer, personally appeared SANDRA KRAYBILL, 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. Notarial Seal Mododuburg Kerm L Butch, Notary Public Notary Public I?bij? Cowdso& BxpFre?a rrov. 24, i 66 nla Assocatf?on of (rotaries STATE OF PENNSYLVANIA, COUNTY OF ss On this, the '?13 day of C? 2005, before me, the undersigned officer, personally appeared MICHAEL D. KRAYBILL, 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. Ott, Notary Public gki 1? 17 . . IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY STATE OF JJQ04% 4.- PENNA. SANDRA KRABiLL, Plaintiff VERSUS MICHAEL KRAYBILL, Defendant N o. 06-2787 DECREE IN DIVORCE AND NOW, 0? \3 cvS`C 31 DECREED THAT SANDRA KRAYBILL , PLAINTIFF, CIVIL 100 , IT IS ORDERED AND AND MICHAEL KRAYB LL 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; SETTLEMENT AGREEMENT BETWEEN THE PARTIES DATED MAY 23, 2005, NONE. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THE ATTAUMED HERETO, IS INCORPORATED INT213S DECREE BY REFERENCE. & #A-4 -A BY THE COURT: ATTEST: .1 PROTHONOTARY CERTIFICATE OF SERVICE On this l day of , 2009, I certify that a copy of the foregoing was served upon the following counsel of record by delivery same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 Defendant/Respondent GOLDBERG KATZMAN, P.C. Paul J. Es sit Supreme Court ID #25454 Attorneys for Petitioner/Plaintiff r,"r ~? ?:? ?.? ---e -+"3 _ ? . c.a ,, ?, - - i, .? ?„ . ' ? ? ? r.J e v`M ? yr- I T t R) ZON SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 06-2787 MICHAEL KRAYBILL, CIVIL ACTION - LAW Defendant IN DIVORCE RULE AND NOW, this day of 2009, upon consideration of the within Petition, a Rule is hereby issued on Respondent, Michael Kraybill, to show cause, if any he has, why the relief sought therein should not be granted. RULE RETURNABLE (? 0 days from service thereof. BY THE COURT '?k 1X ? \,V- J. Distribution: Paul J. Esposito, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 234-4161 Michael Kraybill, 242 Bosler Avenue, Apartment A. Lemoyne, PA 17043 0 117 :9 M SZ 53.E RUZ Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-2787 MICHAEL KRAYBILL, CIVIL ACTON - LAW Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Sandra Kraybill ("Movant" herein), by and through her counsel Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and states the following: On February 20, 2009, Movant, through her counsel, filed a Petition to Enforce Separation Agreement (hereinafter "Petition"). A copy of said Petition is attached hereto, made a part hereof and marked Exhibit "A." 2. On February 24, 2009, the Honorable M.L. Ebert, Jr., issued a Rule directing Respondent, Michael Kraybill, to show cause, if any he had, why the relief sought in said Petition should not be granted. Said Rule was made returnable twenty (20) days from service thereof. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." 3. On February 25, 2009, the Prothonotary of Cumberland County sent said Petition and Rule to Respondent via first class mail at his last known address in an envelope provided by counsel for Movant setting forth counsel's return address. 4. Counsel has never received the aforementioned mailing from the U.S. Postal Service as undeliverable or otherwise. 5. On March 5, 2009, counsel mailed the Petition and Rule to Respondent via certified mail - return receipt requested and first class mail. 6. On March 21, 2009, the certified mailing was returned to counsel after at least two (2) notices to Respondent. The envelope was stamped "Unclaimed" by the U.S. Postal Service. 7. The first class mailing was never returned to counsel. 8. Service of the Petition and Rule has been completed in accordance with Pa.R.C.P.440. 9. No response has been filed to the Rule to Show Cause. WHEREFORE, Movant, through her counsel, respectfully requests that this Honorable Court enter an Order making the Rule issued on February 24, 2009, absolute and granting the relief sought in the Petition to Enforce Separation Agreement, more specifically described as follows: a. Direct Respondent to pay to Petitioner the immediate lump sum of $8,002.70; b. Direct Respondent to pay to Petitioner in an immediate lump sum, the amount of any tax, interest and penalties which may be imposed on Petitioner as a result of her settlement reached with B.P. Visa; 2 Direct Respondent to pay to Petitioner's counsel the immediate lump sum of $1,200.00. Date: 1 d0 Respectfully submitted, GOLDBERG TZMAN P.C. , grz, Paul J. os' Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 3 f -i t ?,_x k) b Paul J. Esposito, Esquire I.D.#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff SANDRA KRAYBILL, Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PET V. NO.: 06-2787 t, MICHAEL KRAYBILL, CIVIL ACTION - LAW _- Defendant IN DIVORCE PETITION TO ENFORCE SEPARATION AGREEMENT AA4A ri o:. P.J t_n Petitioner, Sandra Kraybill, by and through her counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully represents: Petitioner is Sandra Kraybill, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael Kraybill, Defendant in the above-captioned divorce action. 3. On May 23, 2005, the parties entered into a Separation Agreement, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. On August 31, 2006, the Honorable M.L. Ebert, Jr., issued a Decree in Divorce between the parties and in so doing incorporated the aforementioned Separation Agreement in the Decree by reference. A copy of said Decree is attached hereto, made a part hereof and marked Exhibit "B." 5. Paragraph 2 of the Separation Agreement provides as follows: "Husband's Debts - Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demand made against her `1? by reason of debts or obligations incurred by him. The parties acknowledge that the sum of $5,000.00 has been paid toward Husband's BP Visa account from the joint checking account at Commerce Bank. The parties hereby agree that Husband shall be solely responsible for the balance due on Husband's BP Visa account, having an approximate balance of $30,000.00." 6. Petitioner was the primary obligor on the aforementioned BP Visa account, however Respondent was jointly obligated on the account. 7. Respondent, despite requests by Petitioner, has failed and refused to pay the balance due on the BP Visa account of $29,000.00. 8. On numerous occasions, Petitioner obtained and presented to Respondent the paperwork necessary to effectuate the transfer of the account from joint names to Respondent's name alone. Respondent, on each occasion, declined to sign the papers. 9. As a direct result of Respondent's failure and refusal to pay the balance due on the BP Visa account and Petitioner's position as primary on the account, she has been the subject of numerous collection efforts. 10. Petitioner has, very recently, negotiated a settlement with the representatives of BP Visa whereby the creditor accepted and Petitioner paid $6,109.00 in full satisfaction of this debt which totaled $29,088.17. 11. In order to satisfy the debt, Petitioner secured a loan from the New Cumberland Federal Credit Union for which she will pay the total sum of $8,002.02, in principal and interest. Further, Petitioner was obliged to pledge her automobile as collateral for the loan. 12. Petitioner has been advised that the difference between the actual amount due, $29,088.17 and the settlement amount, $6,109.00, will be reported to the Internal Revenue Service and treated as taxable income to her. 2 13. Paragraph 31 of the Separation Agreement provides as follows: "Breach - If either party hereto breaches any provision of this Agreement, 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." 14. Respondent's failure and refusal to discharge his obligation under paragraph 2 of the Separation Agreement constitutes a breach of said Agreement thereby obligating Respondent to reimburse Petitioner all of the costs, expenses and legal fees she has and will incur in the enforcement of her rights under the Agreement. 15. Paragraph 34 of the Separation Agreement provides as follows: "Effect of Reconciliation, Cohabitation or Divorce - 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 a divorce between the parties. 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." 16. The Separation Agreement remains in full force and effect and is enforceable by this Court. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule on Respondent to show cause, if any he has, why the relief sought herein should not be granted. More specifically, Petitioner is seeking an order directing Respondent to pay the sum of $8,202.00 to her, plus the attorney's fees and costs expended by her in this matter and that he 3 remain liable for any and all tax, interest and penalties imposed by the Internal Revenue Service against her as a result of the settlement reached with BP Visa. Date: Respectfully submitted, GOLD RG a 'P.C. GZd? Paul I Es si Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner/Plaintiff 4 VERIFICATION I verify that the statements contained in the foregoing PETITION TO ENFORCE SEPARATION AGREEMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authori Date: 4x, - 42 9 SEPARATION AGREEMENT THIS AGREEMENT made this o day of '2005, by and between SANDRA L. KRAYBILL (hereinafter referred to as "Wife' and MICHAEL D. KRAYBILL (hereinafter referred to as "Husband"). WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on May 4, 1985, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties separated on or about April 28, 2005; WHEREAS, the parties are the parents of two (2) minor children, Lauren A Kraybill, born December 28,1988; and Aaron E. Kraybill, born December 9,1991; WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settlement of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in the general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demand made against her by reason of debts or obligations incurred by him. The parties acknowledge that the suin of $5,000.00 has been paid toward Husband's BP Visa account from the joint checking account at Commerce Bank. The parties hereby agree that Husband shall be solely responsible for the balance due on Husband's BP Visa account, having an approximate balance of $30,000.00. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. The parties hereby agree that Wife shall be solely responsible for her Master Card account having an approximate balance of $28,000.00. 2 4. MISCELLANEOUS DEBTS Husband and Wife acknowledge and agree that there are no outstanding debts or obligations which were incurred by them jointly or individually during their marriage with the exception of those which are set forth below or elsewhere in this Agreement. The parties hereby agree that the following debts have been paid in full from the parties' joint checking account at Commerce Bank: Best Buy - $1,264.00; 2. Home Depot - $12,030.00; 3. Husband's Master Card account - $3,500.00; 4. Home Repairs - $950.00. Wife shall be solely responsible for any additional expenses incurred for home repairs. 5. Vehicle loan payoff - $807.00; In addition, the parties hereby acknowledge and agree that Wife has paid Husband's security deposit of $490.00 from the Commerce Bank joint checking account and that $3,800.00 shall be paid from said account for the purchase of a vehicle for the parties' daughter and an additional $3,000.00 shall be retained for a summer vacation for Wife and the children. 5. LIABILITY NOT LISTED Each parry 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, for 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 hereinafter incur it, and such party agrees to 3 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 such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY The parties acknowledge that they are presently the owners, as tenants by the entireties, of certain real property located at 305 15'' Street, New Cumberland, Cumberland County, Pennsylvania, the former marital residence. The parties shall execute a deed conveying to Wife, all of their right, title and interest in and to said real property. Wife hereby assumes all liabilities and obligations, whether incurred prior or subsequent to the date of execution of this Agreement, in connection with the upkeep and maintenance of the property, including, but not limited to the mortgage and home equity loan with Countrywide Home Loans, real estate taxes, assessments, homeowner's insurance, utilities, repairs and improvements. Wife shall indemnify Husband and hold him harmless from any and all claims of every kind arising out of or in connection with said property. 7. DIVISION OF PERSONAL PROPERTY Each party shall retain as his or her sole and separate property, free and clear of any claim of the other, all items of personal property which each now has in his or her possession, respectively. 8. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to 4 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. MOTOR VEHICLES Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 PT Cruiser, currently titled in their names, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1995 Ford Windstar van, currently titled in her name alone, along with all rights under and insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. 10. RETIREMENT BENEFITS The parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to the Civil Service Retirement System benefits of the other, specifically to include a waiver of any beneficiary designation thereunder or survivor benefit protection. The parties agree that they shall execute any documents necessary to accomplish the purpose of this paragraph. The parties acknowledge that they are aware of their respective rights to obtain an independent valuation of their respective interests in their Civil Service Retirement System benefits. However, in consideration of the transfers, payments and other considerations set forth in this Agreement, the parties hereby forever waive and relinquish any past, present or future right, title, interest or claim that they might otherwise have in and to the other's aforesaid retirement benefits, and the parties hereby waive their respective rights to have the retirement benefits valued. 11. FINANCUL AND INVESTMENT ACCOUNTS The parties hereby acknowledge that during the marriage they have maintained a mutual fund through Putnam. The parties agree that said fund shall be divided equally and each hereby waives and relinquishes any right, title, claim or interest he or she may have with respect to the funds being retained by the other. 12. LIFE INSURANCE The parties acknowledge that they have each acquired a policy of life insurance issued by the Old Line Life Insurance Company. The parties hereby agree that the children of the parties, Lauren A Kraybill and Aaron E. Kraybill, shall be designated as equal and irrevocable beneficiaries of each policy and that said policies shall at all times be maintained in full force and effect and that all premiums shall be paid in a full and timely manner. More specifically, each party shall be responsible for their own monthly premium for their own policy. 13. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS 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, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the 6 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. 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 or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. 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, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 14. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband acknowledges that he has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each parry confirms that he or she fully understands the terms, 7 conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 15. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the parry failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other parry harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 16. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage 8 to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 17. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation, and the preparation and execution of this Agreement and for the dissolution of their marriage. 18. CUSTODY The parties hereby agree that they shall have shared legal custody of their two (2) minor children, Lauren A Kraybill and Aaron E. Kraybill, and that Wife shall have primary physical custody of the children. Husband shall have partial physical custody as the parties shall fiom time to time mutually agree upon and arrange. 19. HEALTH INSURANCE COVERAGE The parties acknowledge that Husband currently provides health insurance coverage for Wife and the children. Husband shall continue to provide health insurance for the children. Husband shall continue to provide health insurance for Wife under the same policy as the children as long as no additional costs are required to do so. 20. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the 9 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 hereby 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 waiver 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. 21. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, 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 parry 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. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 10 22. 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 §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. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 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 obligations which either party may have or at any time hereafter has 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 11 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 herein or as to any breach of 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 12 and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other parry shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 26. 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 nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 13 28. 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. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; 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 shall be interpreted fairly and simply, and not strictly for or against either of the parties. 30. 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 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. 14 31. BREACH If either parry hereto breaches any provision of this Agreement, the other parry 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 parry all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 32. 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 did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last parry to execute this Agreement. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 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 a divorce between the parties. 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. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: L Is - 6ARA L. MICHAEL D. KRAYB 16 STATE OF PENNSYLVANIA ss COUNTY OF On this, the day of 2005, before me, the undersigned officer, personally appeared SANDRA KRAYBILL, 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. Notanat seal Notar Public Karen L. Bunch, Notary Public Y Mechanicsburg Born, CambalwA County * Commission Expires Nov 24, 2M nsylvania AssocfaUon of Mofadees STATE OF PENNSYLVANIA, ss COUNTY OF On this, the ")3 day of 2005, before me, the undersigned officer, personally appeared MICHAEL D. KRAYBILL, 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. Notuiai seal Notary Public gacea L. Burch, Notary Pu>>1 tfe 8$,ro cu y lion j;p res Nov. 24, a ofNotatles 17 IN THE COURT OF-COMMON PLEAS OFCUMBgRLAND COUNTY STATE OF lKil 4- PENNA. SANDRA KRAMI, ,, No. 06-2787 CIVIL Plaintiff VERSUS MICHAEL.KRAYBIL.L, Defendant AND NOW, DECREED THAT DECREE IN DIVORCE V W?S 1 11 , j0bW , IT IS ORDERED AND SANDRA KRAYBILL , PLAINTIFF, AND MICHAEL KRAYBILL , 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; NONE. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES DATED MAY 23, 2005, ATTACHED HERETO, IS INCORPORATED IN TITS DECREE BY REFERENCE. BY THE COURT: ATTEST: 1. PROTHONOTARY CERTIFICATE OF SERVICE On this day of 2009, I certify that a copy of the foregoing was served upon the following counsel of record by delivery same in the manner indicated, addressed as follows: VLI FIRST CLASS MAIL Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 Defendant/Respondent GOLDBERG KATZMAN, P.C. Paul J. Es sit Supreme Court ID #25454 Attorneys for Petitioner/Plaintiff ? ?e- to ?? + -? Li , FED 2 3 2g 96 SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 06-2787 MICHAEL KRAYBILL, CIVIL ACTION - LAW Defendant IN DIVORCE RULE AND NOW, this .2 y ,5? day of 2009, upon consideration of the within Petition, a Rule is hereby issued on Respondent, Michael Kraybill, to show cause, if any he has, why the relief sought therein should not be granted. RULE RETURNABLE _7() _ days from service thereof. BY THE COURT --, J. Distribution: Paul J. Esposito, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 234-4161 Michael Kraybill, 242 Bosler Avenue, Apartment A, Lemoyne, PA 17043 TRUE COCKY FROM RECORD i Testimony wrhereol, i here unto set my hant ,a the sell of said 3 at Catt WI PIL hl* ^J W I y . CERTIFICATE OF SERVICE On this 17 dday of Aee?z , 2009, I certify that a copy of the foregoing was served upon the following counsel of record by placing delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 GOLDBERG KATZMAN, P.C. Paul J. sp o Supreme Court ID #25454 Attorney for Petitioner/Plaintiff C,! , ::'i!``u 20,900 APP 20 PH 2: 02 APR 212000 ? SANDRA KRAYBILL, Plaintiff V. MICHAEL KRAYBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2787 CIVIL ACTON - LAW IN DIVORCE ORDER AND NOW, this A day of 2009, upon consideration of the Petition to Enforce Separation Agreement and Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued by this Court on February 24, 2009, is made absolute and the relief sought in said Petition is hereby granted. Respondent is hereby ordered to immediately pay to Petitioner the lump sum of $8,002.70, that he immediately pay to Goldberg Katzman, P.C., the lump sum of $1,200.00, and that he pay to Petitioner in a lump sum, the amount of any tax, interest and penalties imposed by the Internal Revenue Service as a result of her settlement reached with B.P. Visa, at such time as the total amount is determined. BY THE COURT: M.L. Ebert, Jr., J. Distribution: Sul J. Esposito, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 234-4161 ,/Michael Kraybill, 242 Busier Avenue, Apartment A, Lemoyne, PA 17043 04tr Q.S P7%Z 3 LL Alm 'a { r ? :111.1. £? M HE Paul J. Esposito, Esquire I.D. #25454 S. Baker Kensinger, Esquire I.D.#208305 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161; (717) 234-6808 (facsimile) Counsel for Plaintiff SANDRA KRAYBILL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v MICHAEL KRAYBILL, Defendant NO. 06-2787 : CIVIL ACTON - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF Petitioner, Sandra Kraybill, by and through her counsel, Goldberg Katzman, P.C., and pursuant to Pennsylvania Rule of Civil Procedure 1920.43, respectfully requests Special Relief, and in support thereof, states as follows: 1. On April 23, 2009, this Honorable Court issued an Order directing Respondent Michael Kraybill to make immediate payment to Petitioner and Goldberg Katzman, P.C. in order to enforce a Separation Agreement between the parties. 2. To date, Respondent has failed to make payment as directed by this Court. 3. It has come to Petitioner's attention that Respondent is currently a Plaintiff in a personal injury action against Elizabeth Steever, docketed at No. 09-385, in the Cumberland County Court of Common Pleas. 4. Because any potential recovery is currently an unliquidated claim, said potential amount is not yet subject to attachment by Petitioner through the Pennsylvania Rules of Civil Procedure. 5. In order to ensure that Petitioner receives payment should Respondent recover as the result of his personal injury action, Petitioner requests special relief. 6. Petitioner respectfully requests that should any amount become owed to Respondent as a result of verdict or settlement in the personal injury case, that Elizabeth Steever, her attorney, her insurance carrier, her insurance carrier's attorney, and/or anyone owing payment to the Respondent as a result of the personal injury suit, be garnished in order to satisfy this Court's April 23, 2009 Order. 7. Further, pursuant to Pennsylvania Rule of Civil Procedure 3117, Petitioner has served discovery in aid of execution on parties in the Steever personal injury action. 8. Under section (b) of Rule 3117, Respondent is responsible for all reasonable expenses in connection with discovery in aid of execution. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule on Respondent to show cause, if any he has, why the relief sought herein should not be granted. More specifically, Petitioner is seeking an order directing attachment of all payments owed to the Respondent as the result of his personal injury action docket at No. 09-385 in order to satisfy the amounts to Petitioner and Goldberg Katzman, P.C. as the result of both this Honorable Court's April 23, 2009 Order, and all costs associated with the collection efforts related to said Order. Respectfully submitted, GOLD ERG KATZMAN, P.C. Paul J. Es osito Attorney .D. #25454 S. Baker Kensinger Attorney I.D. #208305 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Attorneys for Petitioner/Plaintiff 2 CERTIFICATE OF SERVICE r On this __L3 day of , 2009, I certify that a copy of the foregoing was served upon the following counsel of record by delivery same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 Defendant/Respondent GOLDBERG KATZMAN, P.C. Paul J. pos' Supreme Court ID #25454 Attorneys for Petitioner/Plaintiff 5 or THE' f ":?Y 2N9 x111'11' 14 e z 2: 2 r. MAY 15`7009 SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 06-2787 MICHAEL KRAYBILL, Defendant CIVIL ACTION - LAW IN DIVORCE RULE AND NOW, this 8 day of Qy , 2009, upon consideration of the within Petition, a Rule is hereby issued on Respondent, Michael Kraybill, to show cause, if any he has, why the relief sought therein should not be granted. RULE RETURNABLE 1J days from service thereof. BY THE COURT: L. Ebert, Jr., J. Distribution, aul J. Esposito, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 2L-4161 ichael Kraybill, 242 Bosler Avenue, Apartment A, Lemoyne, PA 17043 0--T t ES I'Yl"'? L LCL ?- /07 --2-M PC :6 HV 81 AN 6002 FILr- t.4Drn-1r7 Paul J. Esposito, Esquire OF T1 - Y . 1.,-? 1TA}?Y I.D. #25454 S. Baker Kensinger, Esquire I.D.#208305 R ,3 2310 H t„ 2 AM, 10: IS GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 r ' L ?1?'w t l Harrisburg, PA 17108-1268 -1 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plainti/Petitioner SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2787 MICHAEL KRAYBILL, CIVIL ACTON - LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF Petitioner, Sandra Kraybill, by and through her counsel, Goldberg Katzman, P.C., and pursuant to Pennsylvania Rule of Civil Procedure 1920.43 and 23 Pa.C.S.A. §3502(c) and §3505, respectfully requests Special Relief, and in support thereof, states as follows: On April 23, 2009, this Honorable Court issued an Order directing Respondent, Michael Kraybill, to make immediate payment to Petitioner and Goldberg Katzman, P.C. pursuant to the parties' Separation Agreement. 2. Said Order, a copy of which is attached hereto as Exhibit "A," directed Respondent to make immediate payment of $8,002.70 to Petitioner, $1,200.00 to Goldberg Katzman, P.C., and a lump sum to the Petitioner in the amount of any tax, interest and penalties imposed by the IRS as a result of Petitioner's settlement reached with B.P. Visa. Petitioner's settlement with B.P. Visa resulted in Petitioner owing the tax authorities $6,929.10. 4. To date, Respondent has failed to make payment as directed by this Court. It has come to Petitioner's attention that Respondent recently won a jury verdict resulting in an award to him of $24,414.75 in a personal injury action against Elizabeth Steever, docketed at No. 09-385, in the Court of Common Pleas of Cumberland County. 6. In order to ensure that Petitioner receives payment from the award to Respondent from his personal injury action, Petitioner requests Special Relief. 7. Upon becoming aware of this award, counsel for Petitioner contacted the attorney for the defendant in the personal injury action, Respondent's personal injury attorney, and Respondent himself. See Letters attached hereto as Exhibit "B." 8. John Lucy, Esquire, attorney for the defendant in the personal injury action, advised counsel for Petitioner via letter dated March 31, 2010, attached hereto as Exhibit "C," that he was going to make full payment pursuant to the verdict to Respondent and his counsel. 9. Respondent's personal injury attorney, David L. Lutz, Esquire, advised by letter dated April 5, 2010, to Petitioner's counsel that he did "not consider Judge Ebert's April 23, 2009 Order a `non-disbursement' Order." A copy of said letter is attached hereto, made a part hereof and marked Exhibit "D." 10. Respondent did not reply to the letter sent to him. 11. In order to ensure that Petitioner and Goldberg Katzman, P.C. receive payment pursuant to this Honorable Court's April 23, 2009 Order, Petitioner respectfully requests that the payment to Respondent pursuant to the verdict in his personal injury action, if still in the possession of Attorney Lutz, be garnished in order to satisfy this Court's April 23, 2009 Order in the amounts as follows: a. $14,931.80 to Sandra Kraybill; and b. $1,200.00 to Goldberg Katzman, P.C. 2 'k I 12. In the alternative, if payment has already been made to Respondent, Petitioner respectfully requests that Respondent be ordered to make immediate payment to Petitioner and Goldberg Katzman, P.C., in the following amounts: a. $14,931.80 to Sandra Kraybill; and b. $1,200.00 to Goldberg Katzman, P.C. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order granting Special Relief, directing attachment of all payments, in the possession of David L. Lutz, Esquire, owed to the Respondent as the result of his personal injury action docketed to No. 09- 385 in order to satisfy the amounts due to Petitioner and Goldberg Katzman, P.C. as the result of this Honorable Court's April 23, 2009 Order. In the alternative, Petitioner respectfully requests that Respondent, Michael Kraybill, be directed to make immediate payment to Petitioner and Goldberg Katzman, P.C. Respectfully submitted, GOLDBERG KATZMAN, P.C. Date: Paul J. E sit Attorney I.D. 5454 S. Baker Kensinger Attorney I.D. #208305 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff/Petitioner 3 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 4ANDRA KRAYBILL rx?, 6, + G?PY APR 2 1 2009 6 SANDRA KRAYBILL, W THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2787 MICHAEL KRAYBILL, CIVIL ACTON - LAW Defendant IN DIVORCE ORDER , ueraiLon of AND -140W, this day • of- 2-009' upon coiisi' the Petition to Enforce Separation Agreement and Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued by this Court on February 24, 2009, is made absolute and the relief sought in said Petition is hereby granted. Respondent is hereby ordered to immediately pay to Petitioner the lump sum of $8,002.70, that he immediately pay to Goldberg Katzman, P.C., the lump sum of $1,200.00, and that he pay to Petitioner in a lump sum, the amount of any tax, interest and penalties imposed by the Internal Revenue Service as a result of her settlement reached with B.P. Visa, at such time as the total amount is determined. BY THE COURT: /7- / . Ebert, Jr., J. Distribution: Paul J. Esposito, Esquire; Goldberg Katzman. P.C., P.U. Box 1268, Harrisbuvg, PA 17108-1268; (717) 234-4161 Michael Kraybill, 242 Busler Avenue, Apartment A, L enno3 ne. PA i 11043 :21 vim"" 9 pro eftwearv, (j of r a zma A full-service law firm. March 30, 2010 Arthur L.'Soldlbei g Via Facsimile - 920-9129 _ ;11 n, Ij. l i dl?t'i a And First Class Mail John A. Lucy, Esquire Summers, McDonnell, Hudock, '{Ottt1I.1?. _??1,.?„-_?,>> Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 `r"'' Mechanicsburg, PA 17050 Re: Sandra Kraybill v. Michael Kraybill Dear John: As you know I represent Sandra Kraybill in matters relating to her divorce from Michael Kraybill. - -_- .= I have enclosed a copy of Judge Ebert's Order of April 23, 2009, as well -'=' - as proof that the Order was served on Michael Kraybill. I understand that you have at least a portion of the funds from the verdict reached in Mr. Kraybill's civil case. I would ask in accordance with Judge Ebert's Order that said funds be released to Sandra Kraybill to the extent of $8,002.70, and that an additional payment be made to Goldberg Katzman, P.C., in the sum of $1,200. The third component of the amount due Ms. Kraybill was not determined at the time of issuance of Judge Ebert's Order. It has now been determined that the sum is $6,596. 1 would further request that sum be paid to Ms. Kraybill; however, if you are not comfortable in doing so please let me know and I will pursue this with the Court. In the meantime, however, I would ask that you retain the $6,596 and not release it to Mr. Kraybill. :: ODMA I PCDOCSI DOCS118 905311 John A. Lucy, Esquire Page 2 March 30, 2010 Thank you for your consideration in this matter. PJE/sam Enclosures cc: Michael Kraybill Sandra Kraybill Yours very truly, GlG'`' ? Paull- J. : ODMA I PCDOCSI DOCSU 89053 U Goldberg Katzman A full-service law firm. March 31, 2010 Arthur L. Goldberg (1951-2000) Harry B. Goldberg Via Facsimile - 238-5610 (1961-1998) And First Class Mail David L. Lutz, Esquire Angino & Rovner, P.C. Ronald M. Katzman 4503 North Front Street Paul J. Esposito Harrisburg, PA 17110-1799 1. Jay Cooper Thomas E. Brenner Re: Michael Kraybill v. Elizabeth Steever April L. Saran; ICutay Sandra Kraybill v. Michael Kraybill Jerry J. Russo Michael J. Crocenzi Dear Mr. Lutz: Thomas J. Weber Steven E. Grubb As you know, I represent Sandra Kraybill in proceedings related to her Royce L. Morris divorce and economic settlement with her former husband and your client, Joseph T4. Sernbrot Michael Kra bill J. Ronaldo Legaspi y . Jennifer L. Mundy I enclose a copy of my correspondence to John A. Lucy, Esquire, of S. Baker 1<e,ISinger March 30, 2010, and Mr. Lucy's reply to my letter dated March 31, 2010, which I trust are self-explanatory. COUNSEL Inasmuch as it appears that Mr. Lucy will be forwarding the verdict Joshua D. Loch proceeds of $24,414.75 to you in the very near future, I reiterate what I conveyed Anriold B. Kogan to you in my letter of May 13, 2009, a copy of which is enclosed for your Heather L. Paterno reference. I also enclose a certified copy of Judge Ebert's Order of April 23, 2009, directing Michael Kraybill to pay to Sandra Kraybill the sum of $8,002.70, and to Goldberg Katzman, P.C., the sum of $1,200.00. Since the issuance of the Order, we have determined that the BP Visa settlement amounts to $6,596.00. Therefore, we are requesting, consistent with Judge Ebert's Order, that upon your receipt of the verdict proceeds, the sum of $14,598.70 be paid to Sandra Kraybill and $1,200.00 to Goldberg Katzman, P.C. If it is not your intention to honor Judge Ebert's Order, please let me know immediately; otherwise, I shall expect payment as described hereinabove. ODMA I PCDOCSIDOCSi 189137( I i r ?7-L_ David L. Lutz, Esquire Page 2 March 31, 2010 Thank you for your attention to this matter. Yours very truly, Paul J. V'spldito PJE/sam Enclosures cc: John A. Lucy, Esquire (via facsimile - 920-9129) Michael Kraybill Sandra Kraybill ODMA I PCDOCSI DOCS11 8 9 1 3 711 uoercr Katzman A full-service law firm. March 30, 2010 A't ii i?FI• L. C,il;dic`i `may' t9^I-?(iilll - l , Esp ,s. . ho III ?i E. _ .:.t Via Certified Mail Restricted Delivery And First Class Mail Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 Re: Sandra Kraybill v. Michael Kraybill Dear Mr. Kraybill: On May 6, 2009, you received correspondence from the undersigned dated May 5, 2009, and an Order of Court issued by the Honorable M.L. Ebert, Jr., dated April 23, 2009. Copies of the May 5, 2009 correspondence and Judge Ebert's Order of April 23, 2009, are enclosed for your reference. Judge Ebert's Order directed you to immediately pay to Sandra Kraybill the lump sum of $8,002.70, and that you immediately pay to Goldberg Katzman, P.C., the lump sum of $1,200.00. In addition, you were to pay to Ms. Kraybill, in a lump sum, the amount of any tax, interest and penalties imposed by the Internal Revenue Service as a result of her settlement reached with VP Visa at such time as the total amount was determined. It has now been determined that the amount due and owing on this obligation is $6,596.00. Accordingly, this sum should immediately be paid to Ms. Kraybill as well. Be advised, if the aforementioned payments are not made in full within seven (7) days from the date of this letter, action will be taken through the Court to enforce the terms of Judge Ebert's Order of April 23, 2009. I trust that you will not make this necessary; however, be assured we will proceed without further delay. ODMA 1PCDOCSI DOCSU 8893611 Michael Kraybill Page 2 March 30, 2010 Thank you for your anticipated cooperation. PJE/sam Enclosures cc: Sandra Kraybill Yours very truly, -a Paul J 'Esposito ODMAWCDOCSIDOCSU 88936U ??/`J??? 23/3;-/22:.2 27: 5z SUMMERS MCDONNELL HIJDOC" -3-ITHR I E 4 2345°P_2 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. ATTORNEYS AT LAW F (F PHEh J SUMM04S HARRISBURG OFFICE: THoMAC; A. McpONNELL 100 STERLING PARKWAY JOSEPH A HVDoCK, JR SUITE 306 (;,r 'CC A. GUTHRIC PETER B. SKEEL MECHANICSOWIG, PA 17050 PATR,CK M CONNELLY' PHONE. 717-901.5'%16 JEFFREY C CAIANZARITE FAX. 717.920.9129 KLvIN 0. RAUCH 'ALSO ADMITYED M WV *1AL6o ADMITTCD W OH -*AL5o ADMITTEn,NNJ March 31, 2010 Via Facsimile On1Y (717) 234-8808 Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 RE: Kraybill v. Ste_ever Our File No. Dear Mr. Esposito: 16855 NO.4GS P?2 JASM A. HINES ERIN M. BRAUN GUY E. BLA6a MARK J. GOLEN RmaaRT J, FI6NER. JR. KIMOLRLY L. GALLUCGI" JE661cA M. JURASI(o ERicK V. VIOLACo JOHN A. LUCY 59T4 T. BLACK... C'TNAN K. SToNt MATTHCW RIDLEY CANDACE N. EDGAR JULIA A. PMILLIPS Please be advised I have had an opportunity to review the Order in regards to the above matter. I have spoken with my client, and it is in my client's best interest to forward the verdict proceeds to the Plaintiff and Plaintiffs counsel in the amount of $24,414.75. As such, I can not agree to forward any funds from this verdict directly to your office. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. ly yours, A. Lucy JAL:kan Enclosures cc: David L. Lutz, Esqu- (Via Facsimile Only (717) 238-5610) PITTSBURGH OFFICE: GI.ILF TowER. SUITG 2400. 707 GRANT 5TREET, PITTC6URCH. PA 1rlIa PHONC 412-261-3122 FAX 412.2G1•1234 CDR. 5. 2212 PNGINO & ROVNER HB;,PP. amino- rovner ^'^. '.4n 0.2/2 4$03 Nosffu FRONT ST114T HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717)238-3610 www.angina-royner.com E-meii: dtutz?;xn8ino-rovncr.com April 5, 2010 BY FAX -- 234-6808 Paul Esposito, Esquire Goldberg Katzman 320 E. Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Michael Kraybill v. Elizabeth Steever Sandra Kraybill v. Michael Kraybill Dear Mr. Esposito: RICHARD C. ANG INO NEIL J. ROVNBR DAVID 1„ LuTz MICHAEL E. KOSIX RICHARD A. SADLOCII LISA M. B. WOOARURN DARYL E. CHRISTOPHER Receipt of your March 31, 2010, letter is acknowledged, I do not consider Judge Ebert's April 23, 2009, Order a "non-disbursement" Order. Please advise immediately if you have any case law that supports your position. Very trul yours, David utz /mtg cc John Lucy, Esquire (by fax -- 920-9129) 436556 CERTIFICATE OF SERVICE On this day of , 2010, I certify that a copy of the foregoing was served upon the following counsel of record by delivery same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Michael Kraybill 242 Bosler Avenue, Apartment A Lemoyne, PA 17043 Defendant David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street, Harrisburg, PA 17110 John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 GOLDBERG KATZMAN, P.C. Paul J. E o si W ??" Supreme Court ID #25454 Attorneys for Plaitniff/Petitioner 5 SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C7 MICHAEL KRAYBILL, DEFENDANT NO. 06-2787 CIVIL u-i IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT'. AND NOW, this 5th day of May, 2010, upon consideration of Sandra Kraybill's Petition for Special Relief, and the Court having determined that David L. Lutz, Esquire, has already paid Defendant Michael Kraybill the monies in question, IT IS HEREBY ORDERED AND DIRECTED that Defendant shall file an Answer to the Petition for Special Relief on or before May 21, 2010; Defendant shall additionally provide this Court a written explanation of why he did not comply with this Court's Order of April 23, 2009. IT IS FURTHER ORDERED AND DIRECTED that if the required monies have not been paid, a hearing in this matter will be held on Thursday, May 27, 2010, at 1:30 p.m. at which time the Court will consider whether the Defendant should be held in contempt. By the Court, ?k?A M. L. Ebert, Jr., J. ? Paul J. Esposito, Esquire Attorney for Plaintiff r ydNr -," Michael KraYbill, Defendant 242 Bosler Avenue Apartment A Lemoyne, PA 17043 .XDavid L. Lutz, Esquire ./"ohn A. Lucy, Esquire O-ZT Ma-tLqj-l sfs??? =ey) SANDRA KRAYBILL, V. MICHAEL KRAYBILL Plaintiff Defendant r 'a'' ill .n IN THE COURT OF COMMON IAS CUMBERLAND COUNTY, PE?YL ' NO. 06-2787 c c CIVIL ACTION - LAW IN DIVORCE MOTION TO AMEND COURT ORDER AND NOW, comes Petitioner, Defendant Michael Kraybill, Pro Se, ("Movant" herein), by and through the assistance of Gary E. Kraybill, to whom Movant has granted Power of Attorney (attached), and states the following: 1. Movant respectfully recognizes the Order by the Court signed on April 23, 2009, and accepts that he has a shared responsibility with Plaintiff, Sandra Kraybill, in this matter; however, Movant has no means to make the lump sum payment as ordered by the Court on April 23, 2009, and that he has not and will not be paid any monies from David L. Lutz, as claimed in the May 5, 2010, Order of Court, RE: Petition for Special Relief. 2. Prior to the April 23, 2009, Order of this Court, in April, 2007, Movant's brother, Gary E. Kraybill, on behalf of Plaintiff and Movant, negotiated a payment in full with Creditors Interchange, representing BP Visa, for $9,400.00. On April 16, 2007, he made $8,500.00 payment to them (attached). The remaining balance, $900.00, was to be paid by Plaintiff within 30 days, or the agreement would be void. At that point, Movant was made to believe his responsibility in the matter of the debt had ended, and it explains why he has not responded in this matter until this motion. Let it be noted that had the $900.00 balance been paid within the default period, this matter would have concluded without the need for any further Court time spent or fees incurred. 3. That, Plaintiff, Sandra Kraybill, sometime after the 30 day default time period, voluntarily made settlement with BP Visa, thereby accepting full responsibility for the debt therein. (The amount of the settlement is unclear as there is no supporting documentation in Movant's possession). 4. In 2009, Domestic Relations of Cumberland County, in response to Movant's substantially reduced retirement income, developed the attached "Support Guideline Calculation" for Movant's child support payments to Plaintiff based upon Plaintiff/Movant respective annual incomes, which resulted in a reduction in Movant's share of child support to 24.79 %. WHEREFORE, Movant, through the advice of his Power of Attorney, respectfully requests that the Court grant a hearing in this matter (or allows the facts contained in this Motion to be included at a May 27, 2010, hearing on same matter) to provide Movant the opportuni have entered a DECREE by the Court to amend the April 23, 2009, Court Order a, Movant to pay immediately to the Plaintiff the sum of $1983.87, representing 24 0 o e tew contained in the Court Order, as reasoned in item 4 above, plus Court costs. F thailhe amended Court order ' reqKe respective attorney's fees be paid by Plaintiff and 11nt. a r ` ;f Respectfully submittF ! ? ?; .'mac Michael Kraybill 241 Bosler Ave. Lemoyne, PA, 17403; Tel 717-215-5302 Date: 0y? _ 0 Gary ybill, PO for Michael Kraybilr 2614 dview ark Dr York, Pa., 17 08; e1717-764-1680 Date: _-5- 1/0 _ NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWER, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. _ f (go DATE 398189 hL. ACKNOWLEDGMENT I, GARY E. KRAYBILL, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S. WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL. '?? nal GARY' KRAQ?ILL, AGENT of DATE 399189 Creditors interchange Yow Complete A&*%ibk Manag t Team 04-17-07 GARY E. KRAYBILL 2614 GRANDVIEW PARK DR. YORK, PA, 17404 CREDTIOR,S INTERCHANGE 80 Holtz Drive, Buffalo, NY 14225 Phone. 716. 614. 7500 Fax: 716.614. 7546 GiOmd4m. interchange.cam CONFIRMATION OF CREDIT CARD PAYMENT MADE BY PHONB Date Payment Made by Phone: 04-16-07 Amount Paid: $8500.00 Type of Payment Made: CC Credit/Debit Card Approval #: 00546B Internal CI Tracking Number: 10599060-SAR To Whom It May Concern: Please be advised that this letter has been sent to confirm the payment made on behalf of SANDRA L KRAYBILL. This payment will appear on your credit or debit card statement as a sale or purchase to Creditors Interchange. Should you have any questions or concerns regarding this transaction, please do not hesitate to contact our Complaint Resolution Specialist, Donald Provino, at 1-877-770-6324, extension 5316. Thank you. Sincerely, Payment Processing Center Creditors Interchange ACKNCCP:cpu In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: SANDRA L. KRAYBILL Defendant Name: MICHAEL D. KRAYBILL Docket Number: 00999 s 2006 PACSES Case Number: 212108766 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Support Guideline Calculation (a ?.?oy CHILD SUPPORT Defendant P aintiff 1. Number of Dependents in this Case 00 01 2. Total Gross Monthly Income $ 2,173.00 $ 7,799.16 3. Less Monthly Deductions $ 430.26 $ 2,510.85 4. Monthly Net Income $ 1,742.74 $ 5,288.31 5. Combined Total Monthly Net Income $ 7,031.05 6. Plus Monthly Social Security fi Child/Child B f $ ene ren t or 7. Adjusted Monthly Net Income $ 7,031.05 8. Basic Child Support $ 00 137 1 Obligation . , 9. Basic Child Support Less Monthl Social Securit y y Benefit for Child/Children $ 1,137.00 10. Net Income as Percentage of Combined Amount 24.79 g 75.21 It. Each Parent's Monthly Share of the Basic Child Support Obligation $ 281.86 $ 855.14 12. Adjustment for Shared $ Custody 13. Adjustment for Child Care Expenses 14. Adjustment for Health Insurance Premiums 15. Adjustment for Unreimbursed Medical Expenses 16. Adjustment for Additional Expenses 17. Total Obligation with Adjustments 18. Less Split Custody Counterclaim 19. Obligor's Support Obligation $ -86.43 $ $ 195.43 $ 0.00 $ 195.43 Form OE-019 Service Type M Worker ID 21104 SANDRA KRAYBILL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL KRAYBILL, DEFENDANT NO. 06-2787 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12th day of May, 2010, upon consideration of Defendant Michael Kraybill's Pro Se Motion to Amend Court Order, IT IS HEREBY ORDERED AND DIRECTED that a hearing and argument on the Motion will be held on Thursday, May 27, 2010, at 1:30 p.m. the time previously scheduled for a hearing on the Plaintiff's Petition for Special Relief. IT IS FURTHER ORDERED AND DIRECTED that should the Plaintiff wish to file an Answer to Defendant's Motion to Amend Court Order, she shall do so on or before May 25, 2010. By the Court, ~~ M. L. Ebert, Jr., J. aul J. Esposito, Esquire Attorney for Plaintiff ichael Kraybill Defendant N , 242 Bosler Avenue -~~ ~ Apartment A rr~ ~ - ~~ ;: ~o• -c ~ *~ Lemoyne, PA 17043 ~~ ~,, C ~- ~ ~ --~ ./Gary E. Kraybill ~; ~?` 2614 Grandview Park Drive ~ .. York, PA 17408 .~- -< I - r bas CGiJ~ E.$ ~')'I.~t~~ s/iaf rd ~~