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HomeMy WebLinkAbout06-3379 . FREDERICK P. KRAFT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. (;>rp - 3 ~ 7'1 Civil Term PAMELA A. KRAFT, Defendant : ACTION 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 , FREDERICK P. KRAFT, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O~.3 37'1 Civil Term PAMELA A. KRAFT, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Frederick P. Kraft, a competent adult individual, who has resided at 102 Ridge Road, Mount Holly, Cumberland County, Pennsylvania, since 17065. 2. Defendant is Pamela A. Kraft, a competent adult individual, whose address is P.O. Box 333, East Berlin, Adams County, Pennsylvania, 17316. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 9, 2001 in Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. : 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~kf Frederick P. Kraft, Plaintiff Respectfully submitted, Date: 0/3/010 e Adams, Esquire . No. 79465 South Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF " . .. s)R~ l\J ~$" -\ ~ ~ (') ...., c: "'::::::-1 0 c..::> u.... -'n '-- ::::! , R-i 7J -...... r <.liT') ,J7 'C; ,..'':;(L\ :2? -.,', "' -""' c"5 ~~ in Cl ~D U) -< FREDERICK P. KRAFT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. D~ - 33'1Cf Civil Term PAMELA A. KRAFT, . Defendant : ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO P A.R.C.P 4 02(8) AND P A.R.C.P. 1920.4 I, Pamela A. Kraft, Defendant, hereby accepted service of the Notice to Defend and Complaint in Divorce on the date listed below. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date:~.~D1p p~ {-ry \.0 1"" .5:; 0"'\ :~-:: ,- P 11 :::-1 .1: '-/1 ::r r.c. f27 ~ -:-" .;' kraf+- y. k'r0J2+- ('~D. O~ 3~'l~ MARITAL SETTLEMENT AGREEMENT (" AGREEMENT") THIS AGREEMENT, made this ~ 1bC day of June, 2006, by and between FREDERICK P. KRAFT, of 102 Ridge Road, Mount Holly Springs, ,Cumberland County, PA 17065112, hereinafter referred to as ("HUSBAND"), and PAMELA A. KRAFT, of 5 Burnside, East Berlin, , Adams County, PA 173161, hereinafter referred to as ("WIFE"). WITNESSETH: WHEREAS, the parties were married on October 9, 2001 in Perry County, PAl and WHEREAS, irreconcilable differences have arisen between the parties causing the irretrievable breakdown of their marriage, in consequence of which they have separated and now live separate and apart from one another; and WHEREAS, the parties desire to settle, fully, finally, and for all time, their respective financial and property rights and obligations as between each other including, but not limited to, the settlement of all matters between them relating to the past, present and future support and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE, the settlement of any and all claims and possible claims by one against the other or against their respective estates for the equitable distribution of all marital property, and the settlement of all other mutual rights and obligations arising out of the marriage relationship; and WHEREAS, the parties have made to each other a full and complete disclosure of all of their respective assets and 1 WIFE acknowledges that this address shall be used for legal process, but all other correspondence may be sent to P.O. Box 333, East Berlin, PA 17316. fl/r ?~ obligations, of whatever nature and wherever situate, which disclosure is hereby acknowledged by each party. NOW, THEREFORE, in consideration of the foregoing premises and the covenants and mutual promises herein contained, the parties, intending to be legally bound and to legally bind their heirs, successors and assigns, covenant, promise and agree as follows: ARTICLE I: SEPARATION AND INTERFERENCE It shall be lawful for each party to, at all times hereafter, live separate and apart from each other and to reside from time to time at such place or places as they shall respectively choose or deem fit. Each party shall be free from the authority, control, restraint or interference, direct or indirect, by the other as fully as if they were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to molest the other, nor compel or attempt to compel the other to cohabit or dwell with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if they were single and unmarried. This Article shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the cause leading to their living separate and apart. ARTICLE II: DIVISION OF PROPERTY A. EQUITABLE DISTRIBUTION -2- I--- 0 lL- X' \ The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and non-marital property are fair, equitable and satisfactory to them based upon the duration of their marriage, the contributions each party has made in the acquisition and preservation of such property, and other relevant factors. The parties hereby accept the provisions of this Agreement with respect to the division of said property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may have or hereafter have against the other for the equitable distribution of said property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any other laws. The parties voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital or non-marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek relief of any court for the purpose of enforcing the provisions of this Agreement. B. PERSONAL PROPERTY Except as expressly provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings, and all other items of tangible and intangible personal property which heretofore have been used by them in common as follows: 1. HUSBAND hereby grants, transfers, relinquishes and conveys to WIFE all of his right, title and interest in and to the property listed in Exhibit-nA-, attached hereto and made a part hereof and containing the -3- ~~~~ 1 . written acknowledgment of each party on each page thereof. By said transfer, HUSBAND does hereby waive his right, title and interest in and to the above referenced items heretofore used and/or owned by them jointly and retained by WIFE. 2. WIFE hereby grants, transfers, relinquishes and conveys to HUSBAND all of her right, title and interest in and to the property listed in Exhibit-"B", attached hereto and made a part hereof and containing the written acknowledgment of each party on each page thereof. By said transfer, WIFE does hereby waive her right, title and interest in and to the above referenced items heretofore used and/or owned by them jointly and retained by HUSBAND. C. REAL ESTATE Transfer of Real Estate To HUSBAND The parties are the owners of the marital residence consisting of land and building located at 102 Ridge Road, Mount Holly Springs, Cumberland County, PA 17065, subject to a lien securing a mortgage note in the names of both WIFE and HUSBAND, due to Commerce Bank with a current unpaid principal balance of approximately $26,000.00. Within fourteen (14) days of the execution of this Agreement, WIFE shall make, execute and deliver all documents in usual form transferring to HUSBAND all of her right, title and interest in and to said property in exchange -4- ~~Q~ for which HUSBAND shall be solely responsible for the payment of all mortgage payments, taxes, insurance and any other debts, obligations or charges pertaining to said property. Further, HUSBAND agrees to defend, indemnify and hold harmless WIFE from any and all liabilities, losses, costs and expenses, including attorney fees, that WIFE may sustain or for which WIFE may become liable or answerable, in any way whatsoever, in consequence of HUSBAND'S default or any default with respect to said mortgage debt or in consequence of any claim made by any other party with respect to any indebtedness pertaining to said property. D. FPK HANDIKRAFTS, INC. The parties acknowledge and agree that they formed a for profit business corporation which was incorporated under the laws of the Commonwealth of Pennsylvania on April 18, 2001 known as FPK Handikrafts, Inc. (hereinafter nCorporationH). The parties further acknowledge and agree that they are the sole shareholders of the said Corporation. The business assets of the said Corporation consist primarily of equipment and inventory and are currently located at 102 Ridge Road, Mount Holly Springs, PA 17065. The parties further acknowledge and agree that although the Corporation is still active and has not been dissolved, it has not engaged in business operations for sometime and, therefore its value as an ongoing concern cannot be readily determined at this time. WIFE shall transfer all of her right, -5- x~~~ title and interest, legal or equitable, in said Corporation to HUSBAND, at HUSBAND'S option, by: (i) surrendering her shares of stock to the Corporation which shall redeem said shares of stock for a purchase price of $1.00; or, in the alternative, (ii) selling her shares of stock in said Corporation to HUSBAND for a purchase price of $1.00. After such transfer, HUSBAND shall be the sole shareholder of the said Corporation and upon said transfer either by sale to HUSBAND or redemption by Corporation, WIFE shall immediately resign as a director and officer of said Corporation and these fundamental changes in organization and management shall be recorded in the books and records of the Corporation by HUSBAND. The Corporation shall hold WIFE harmless and indemnify her for any and all acts or omissions for which she might become liable or answerable in any way whatsoever, including her attorneys fees, in consequence of her acts or failure to act in her capacities as a corporate director and/or officer. E. MISCELLANEOUS/STANCAVAGE ESTATE On December 15, 2001, the Estate of Gertrude Stancavage, Deceased, by its Executor, HUSBAND, and HUSBAND, as beneficiary and individually, and WIFE, individually, and, WIFE'S grandparents, Joseph and Sarah Balek (hereinafter "the Baleks"), entered into an agreement wherein the Baleks agreed to purchase an estate asset (i.e., 1996 Buick, Century station wagon) for a purchase price of $4,700.00. The Baleks agreed to either pay HUSBAND, as beneficiary, the cash sum of $4,700.00 in cash from their respective estates or, in the alternative, to credit HUSBAND and WIFE said sum should they choose to purchase the -6- ~Q~ Baleks' ten acre farm located in East Berlin, Adams County, Pennsylvania. HUSBAND and WIFE acknowledge that they do not intend to purchase the Baleks' farm and HUSBAND agrees to waive any interest that he might otherwise have in the respective estates of the Baleks. ARTICLE III: PAYMENT OF DEBTS AND OBLIGATIONS A. JOINT DEBTS The parties acknowledge and agree that as of the signing of this Agreement they have no other outstanding joint debts and obligations, except for: (i) the secured, mortgage debt due to Commerce Bank in the unpaid principal sum of approximately $26,000.00. HUSBAND agrees and shall be solely responsible for the time)y payment of said mortgage debt and, HUSBAND agrees to defend, indemnify and hold harmless WIFE from any and all liabilities, losses, costs and expenses, including attorney fees, that WIFE may sustain or for which WIFE may become liable or answerable, in any way whatsoever, in consequence of HUSBAND'S default or any default with respect to said mortgage debt or in consequence of any claim made by any other party with respect to any indebtedness pertaining to said mortgage debt. B. DEBTS INCURRED PRIOR TO THIS AGREEMENT Except for the debts and obligations assumed or created under this Agreement, each party hereby agrees to pay and hereby agrees to save harmless the other from any and all personal debts including, but not limited to, loans, charge accounts, bank charge accounts and obligations incurred by HUSBAND and WIFE alone or which are presently in each party's name alone. If any claim, action or proceeding is hereafter brought, seeking to hold -7- ~~ ~~ the other party liable on account of such personal debts and obligations, such party shall, at his or her own expense, defend the other party against such claim, action or proceeding whether or not well-founded, and shall indemnify and save harmless the other party from any losses, costs, expenses, charges, including attorney fees, such party may sustain as a result therefrom. C. DEBTS INCURRED SUBSEQUENT TO THIS AGREEMENT Except for the debts and obligations assumed or created under this Agreement, each party represents and warrants to the other that as of the date of this Agreement he or she has not incurred, and in the future will not contract or incur, any debts or liabilities for which the other or his or her estate might be responsible. If any claim, action or proceeding is hereafter brought, seeking to hold the other party liable on account of such personal debts and obligations, such party shall, at his or her own expense, defend the other party against such claim, action or proceeding whether or not well-founded, and shall indemnify and save harmless the other party from any losses, costs, expenses, charges, including attorney fees, such party may sustain as a result therefrom. ARTICLE IV: HEALTH AND LIFE INSURANCE Unless expressly provided otherwise, neither party shall have any obligation whatsoever to provide health or life insurance coverage of any kind for the other party or to acquire or keep in force such coverage for the other party. ARTICLE V: TAX RETUllNS Beginning with the tax year ended December 31, 2006 and each year thereafter the parties shall file separate federal, state -8- xr ~~ and, if applicable, local income tax returns, unless the parties agree otherwise. Should the parties file a joint income tax returns for the current year or any subsequent year, provided they are entitled to do so, they shall proportionally share (i.e., based upon each party's respective income, withholdings and deductions): (1) in the cost of preparing the tax returns; (2) in any refunds earned; and (3) in any liability incurred. ARTICLE VI: SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE HUSBAND and WIFE each agree to waive any and all claims each may have against the other for spousal support, alimony pendente lite, maintenance, alimony and other similar forms of financial support from the other, now or at any future time. ARTICLE VII: COUNSEL FEES AND EXPENSES HUSBAND and WIFE agree to remain liable and responsible for his or her own attorneys fees incurred in connection with the preparation of this Agreement as well as any action which HUSBAND and/or WIFE choose to prosecute in any Court of competent jurisdiction and neither party shall be entitled to reimbursement from the other for any portion of any costs, expenses or attorneys fees incurred in connection therewith. Wife is currently unrepresented. Wife understands that Attorney Jane Adams is only representing Husband. ARTICLE VIII: FINANCIAL DISCLOSURE In accordance with Ebersole v. Ebersole, 713 A.2d 103 lPa. Super. 1998) and Morme110 v. Mormello, 682 A.2d 824 (Pa. Super. 1996), the parties acknowledge and agree that they have disclosed to each other and they are aware of the extent and value of each other's income, assets, liabilities, holdings and estates and of -9- ~v~~ the statutory rights as contained in the Pennsylvania Divorce Code that each has relinquished by executing this Agreement. HUSBAND and WIFE confirm that by executing this Agreement each forever waives any future right to set aside this Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. The parties understand that this agreement may be incorporated into a final Decree in Divorce, and thereby become an Order of Court. ARTICLE IX: WAIVER OF CLAIMS AGAINST ESTATE Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, but not limited to, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. -10- ~,L-- ~ ~ ARTICLE X: INCORPORATION OF AGREEMENT FOR ENFORCEMENT The parties agree that this Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a decree in divorce is entered in the Court of Common Pleas, Cumberland County, PA or any other jurisdiction, the parties agree to incorporate this Agreement into such decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, or with regard to any other claim for relief which might be brought by either party against the other, or with regard to any other provision hereof. In the event that any order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. ARTICLE XI: MUTUAL CONSENT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant -11- '0~?~ to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. ARTICLE XII: BREACH AND ENFORCEMENT Unless otherwise provided, if either party 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, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. ARTICLE XIII: ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. ARTICLE XIV: MODIFICATION AND WAIVER The parties agree that any intention to modify or rescind this Agreement in any manner must be expressed in writing and signed by both parties, and that such intention shall not be inferred by any oral agreement or any subsequent conduct or actions by them. Further, the failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of said term or provision or any other terms, clauses, provisions or conditions -12- <J/~~ of this Agreement. ARTICLE XV: ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly herein set forth. ARTICLE XVI: IRREVOCABILITY AND NULLIFICATION The parties agree that the property division and distribution effected herein is irrevocable and that such division and distribution shall not be affected by any future change in circumstances of the respective parties or by any other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of this or any other jurisdiction. ARTICLE XVII: DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience and ease of reference only. The parties agree that such headings shall have no effect whatsoever in determining their respective rights and responsibilities under this Agreement. ARTICLE XVIII: VOID CLAUSE If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. ARTICLE XIX: GOVERNING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. -13- ~l/~~ . . ARTICLE XX: INURING CLAUSE This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ARTICLE XXI: VOLUNTARY EXECUTION Each party declares and acknowledges that he or she: (i) has given careful and mature thought to the making of this Agreement; (ii) has carefully read each provision of this Agreement and fully and completely understands each provision of this Agreement; (iii) enters into this Agreement, voluntarily, free from fraud, undue influence, coercion or duress of any kind; and (iv) acknowledges that the Agreement is fair and equitable and that full disclosure has been made. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ~~+ PJibPJ~ -14- L <v~~ . , . . EXHIBIT-"A" HUSBAND hereby grants, transfers, relinquishes and conveys to WIFE all of his right, title and interest in and to the following tangible and intangible personal property as follows: 1. All of WIFE'S personal clothing and personal effects currently in her possession. 2. All bank accounts, savings accounts, investment accounts, insurance policies, securities, pensions, 401(k) plans, Keogh plans and any other similar property, including the proceeds thereof, titled in the sole name of WIFE. 3. All other tangible and intangible property including, but not limited to, household goods, appliances, furnishings which have been divided by the mutual agreement of the parties which are currently in the possession of WIFE. 4. One (1) 2005 Jeep, Liberty, subject to a lien to secure a loan due to Members First Federal Credit Union (hereinafter "Members First") with an unpaid principal balance of approximately $21,800.00 which sum shall be paid directly to Members First on account of said loan. HUSBAND shall, within thirty (30)days not to exceed forty five (45)days of the execution of this Agreement, make arrangements to obtain a mortgage, equity loan or similar loan on the real estate located at 102 Ridge Road, Mount Holly Springs, PA for the purpose of funding the said cash payment to Members First. 5. In addition of the terms and conditions contained in Paragraph 4 above, HUSBAND shall make to WIFE a one-time, cash payment of $10,000.00. At time of signing Maritial Settlement Agreement, WIFE will be paid $750 from the one- -15- ~ L.-? Ie . ..... o . ... time, cash payment of $10,000. HUSBAND shall, within thirty (30)days not to exceed forty five (45)days of the execution of this Agreement, make arrangements to obtain a mortgage, equity loan or similar loan on the real estate located at 102 Ridge Road, Mount Holly Springs, PA for the purpose of funding the remaining balance of $9,250 of said cash payment to WIFE. ,~ J;~~// F DERICK P. KRAFT -16- fiL-~ lG . . . '- . '. EXHIBIT-"B" WIFE hereby grants, transfers, relinquishes and conveys to HUSBAND all of her right, title and interest in and to the following tangible and intangible personal property as follows: 1. All of HUSBAND'S personal clothing and personal effects currently in his possession. 2. All bank accounts, savings accounts, investment accounts, insurance policies, securities, pensions, 401(k) plans, Keogh plans and any other similar property, including the proceeds thereof, titled in the sole name of HUSBAND. 3. All other tangible and intangible property including, but not limited to, household goods, appliances, furnishings which have been divided by the mutual agreement of the parties which are currently in the possession of HUSBAND. 4. One (1) 1941, BMW Motorcycle. 5. One (1) 1995 Jeep, Wrangler. 7. One (1) 2001 Ford, F-2S0 Pickup Truck with Camper. ~ 2d~~ F ~ERICK P. f'RAFT ,~~ ~, Ref:c:\kraft\frederick\doc002.wpd -17- ~t-- ~ \L .. '.' C) () -n :4 h''1 , c.', ~, FREDERICK P. KRAFT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 3379 Civil Term PAMELA A. KRAFT, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce\mder section 3301(c) of the Divorce Code was filed on June 14,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~ '7 oS 't!.pO"b ~4~4f-- Frederick P. Kraft, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~ ~ $~pof ~re4~ Frederick P. Kraft, Plaintiff (') c: ::;;~. ~ ~ o (.-J .-\ \ N -0 -.."" ~ ~ .-\ ~~ ~~~~>, .~ ...--\1 :~~~ ~~~~, (. ) '~ ":0 :..::: c;? r:- eo FREDERICK P. KRAFT, , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 3379 Civil Term PAMELA A. KRAFT, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 14,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 9/.;)to lo<-p WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: g I~{p {DLp Pa Q C- Z'", '1:"1 ~~(., t~~ ~> ~~ \.~;',: \""-' c:::=> ~ cg ::-\ \ N '-:". :.,;:,. :~~~ ';:.~; 'pC -z" ':2 a -n 1.~ \1'1 e:: -d~ ...~) t..,.... C.>.(') .~~ .~ ::.<::. -' v :>- (~? ~ -! FREDERICK P. KRAFT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 3379 Civil Term PAMELA A. KRAFT, Defendant : ACTION 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 the service of the Complaipt: Via personal delivery, acceptance of service signed on June 16,2006, filed June 19,2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: , By Plaintiff: September 27,2006 By Defendant: September 26, 2006 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonot~ October 2, 2006 Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 2,2006 Respectfully Submitted: Date: 10 I!; ~ ane ~dams, Esquire I. . No. 79465 04 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ~ ~ c;; c . _\ ~ ::?'1"'\ ~e m :?jY :l..,"~:t"A, -> .:;::., ~ r:-? c' - + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Frederick P. Kraft, Plaintiff No. 2006 - 3379 Civil Term No. VERSUS Pamela D. Kraft, Defendant DECREE IN DIVORCE AND NOW, () ~f t( ZOOb, IT IS ORDERED AND Frederick P. Kraft DECREED THAT , PLAI NTI FF, Pamela D. Kraft AND , 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; the marriage settlement agreement which was executed June 16, 2006, and filed July 5,2006, shall be incorporated and not merged into this Decree. PROTHONOTARY J. . ;ht ~ ~ ~ '/0. 1101 ~!J r .? ~~ 4v ..pJ 117' "If. 0/ .. ~~. . ,.~ '" --------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FredevI'd~ kra r+ Plaintiff 1") Vs J amJA0aH- Defendant File No. IV 0 d)J~ - 33'7 q IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] . _ prior to the entry of a Final Decree in Divorce, ill L , or . ~er the entry of a Final Decre;.Jf1J3ivorce dated . J I . 001 hereby elects to resume the prior surname of 't:)O) ~K , and gives this written notice avowing his / her intention pursuant t the 4 P.S. 704. Date: 10. d7'0~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) On the ;;J:Ltlaay of Or--:lob~n , 200,b before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ---- A~P~R41<~ Prothonotary or Notary Public NOTARIAL SEAL ,.UM UN '!ontONOTARY, NOTARY PUBlIC \H'V1I.IOIZ CUMBERlAND COUIlY COURTHOUSE MY COMMISSION EXPIRES JANtMRY 4, 2010 I () ~ ~ ~ c; = ~~ C1" 0 .....-\ ......s C'") ::c.-n ~~ .. -l rn-- ~ r- ~ N -nrn ~ ~ -.l :;~.~ C? ~ ,:;c.) , -0 ""1~ -1', .I:: '- -~ :~~~S -"" ~ r;:? (jrn --'\ -\ ~ C> ~ 0\ ~ 0 -.------.' ",.--.",.. if, ",'~''';i'~ "- ~' ,..,;~ 'I ."'....'-',,...... .c-.,,,,..;.,.,-,..,,~,,,""""""'~"