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HomeMy WebLinkAbout06-6552 .. Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court 10# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 6>". bSS2 CIVIL TERM v. ~~ K. t<-\U ~ }yI KELLY A. ~ CIVIL ACTION - LAW. DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the ollowing 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 ourt. A judgment may also be entered against you for any other claim or relief requested in these apers by the Plaintiff. You may lose money or property or other rights important to you, including c stodyor visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Pro honotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR XPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE IGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER OU WITH I NFORMA TION ABOUT AGENCI ES THAT MAY OFFER LEGAL SERVICES TO ELI G I BLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 b OR\G\Nll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR, Plaintiff NO. 0(, - {, 55'2- CIVIL TERM V. Ke:t:.AJ& KELLY A. KING, CIVIL ACTION- LAW DIVORCE Defendant COMPLAINT Plaintiff, MAYNARD W. KRING, JR by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Maynard W. Kring, Jr., an adult individual who currently resides 4 Glenfield Drive, Mechanicsburg, Cumberlan~County, PA 17050. \(- <" \ 6f- 2. The Defendant is Kelly A. ~';an adult individual residing at 7 Clendenin Circ e, Enola, Cumberland County, PA 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth frat least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 14, 1994 at Camp Hill, C mberland County, Pennsylvania. 5. There were no children born of this marriage. 6. There have been no prior actions of divorce or annulment between the partie . 7. Plaintiff has been advised that counseling is available and that Plaintiff may hav the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any 0 its Allies. 9. Plaintiff avers that the grounds on which the action is based is that the arriage is -1- irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, ivorcing the Plaintiff and Defendant. Respectfully submitted, DCLlFF, ESQUIRE le Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court 10 # 32112 Attorney for Plaintiff ( -2- VERIFICATION MAYNARD W. KRING, JR verifies that the statements made in this Complaint are true and correct. MAYNARD W. KRING, JR understands that false statements herein are made s bject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorit es. MAYNA D W. KRING, JR. \\ I <is / '2.oob Date: -3- ,~ ~. '-. \. ~ ~ ~ ~ --t~ " ~ }J ~ ~ ~ \ , ~ ~~ r'\ (A ~ ~' '\ ,\(j ~\ ~ ~...) C:) C~,) 0...... c:c; ~ w ::-::,~'> , - .. ~,:'.c: G.L~ ~'::~ , ~ p,-<': ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 06-6552 CIVIL TERM v. CIVIL ACTION - LAW. KELLY A. KRING, DIVORCE Defendant ACCEPTANCE OF SERVICE I, Kelly A. Kring, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on November 13, 2006. Date: 1/ I ~J... / 0 lP ~.a.K~ Kelly A. Kring ~ '.? a .;.,,::: ....., UJ Q ~ -otc 0; u\. k-."~;: zl:,_.. (iJ,"";' .....r......*..:--"\ ~L ~.....- 'zb ');>c ~ ~ ~.~ ~~ ~~i ~6 om ~ ~ -0 ::s: r:? c.f\ Cf'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 06-6552 V. CIVIL ACTION - LAW KELLY A. KRI NG, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalti f 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ : KRING, JR. Dated: ~ It /2crl-; () c ;;: \JCr: nil" ~:; ~"-~ ~ "..,....,., ._~ Z~.~ ---C) )>c "7 ~ ~ = = -.) ::J: ==-- ::::0 I '" -0 :::!: o .." ..... ::r:,. -n np -om -......,0 -,:,'!J i '-)p '~-f, :CO"', Qo 1:5 rn ~ ~ .a:- o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 06-6552 V. CIVIL ACTION - LAW KELLY A. KRING, IN DIVORCE Defendant WAIVER OF NOTICE OF INTfNTION TQ~EQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. J 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 are true and correct. I understand that false statements herein are made subject to the penalt' s of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: ~/lf~at MA NARD W. KRING, JR. ~ ::3 ::r;. ~ , N o C -? ~ -orp ro ~S~ .?- ' ;:':.t (J) " :..(, ,- ~ ~',.. ~.- '2.';--'. $C ~ -0 ::r; ~ ~-n rn r:: -oH'J -bG 00 :3~ 7~) ?4 Z~ C)'" .-~ ~ - s::- o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 06-6552 V. CIVIL ACTION - LAW KELLY A. KRI NG, IN DIVORCE Defendant - AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: -9 {p (J 7 ~ ~. f(~~ KELLY A. KRING --- 2- .....,.jJ*' "c....... ~\V"i ......../ .~ '!':::;-~. ~ ':3 -:;rJ:. ~ - ~ ~2/~ _, ~:~~<: ~.:'c~.;, .~ Q, -:=-3-0 _l",p (\rr; --00 '~~) ~\ ;"') -"(j ........, {"{I (5 ~\ ~ ::.<:. ..-0 -;s:;. r:-? - 0'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff NO. 06-6552 V. CIVIL ACTION - LAW KELLY A. KRING, IN DIVORCE Defend~ 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: ~/fJ,I07 ~a.l<~t KELLY A. RING - (') ri},~ ---;Jr.., ...;'._~ ~ ,<, . ~~c ?= ;:< }:o'C:' .' JIo_. -'1 -~ ,.,., = = ....-J 3: ~l' ;;0 o -n --I :J:.,. me '-Jt I. :i'Jq :;~~> :l-=r.-~-< '~~; ---I ~ .< (...) v ~ N .. t)l , . . MARITAL AGREEMENT BETWEEN MAYNARD W. KRING, JR. AND KELLY A. KRING TABLE OF CONTENTS RECiTALS...... ............................................. ...................... 01 SECTION I General Provisions..... ................. ........ ............................... 01 SECTION" Distribution of Property and Debts........................................... 06 SECTION III Counsel Fees, Support, Alimony Pendente Ute and Alimony............. 11 SECTION IV Closing Provisions and Execution ............................................ 11 NOTARy............................................. ..... ........... ............. 13 MARITAL AGREEMENT THIS AGREEMENT made this 3vc! day of tJovombLr , 2006, by and between KELLY A. KRING, ("Wife") of 7 Clendenin Circle, Enola, PA 17025, and MAYNARD W. KRING, JR., ("Husband") of 4 Glenfield Drive, Mechanicsburg, PA 17050. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on August 14, 1994 in Camp Hill, Cumberland County, Pennsylvania, and were separated on October 1, 2006. R-2. WHEREAS, There were no children born of this marriage. R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their naturallfves, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree to be filed by Husband. As soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within Ten (10) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband sole cost and expense. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Wife acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel, and further acknowledges that she is aware of her legal rights and obligations governed by this Agreement. Wife acknowledges that she accepts this Agreement and represents that said acceptance is not based on any advice or representation made by Husband's legal counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Wife by said counsel. 1.06. FINANCIAL DISCLOSURE. Each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further disclosure of the parties' marital assets and debt, their separate estates and their respective incomes, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he -2- or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (11) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether - 3 - arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e}, and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either - 4- of them, each will indemnify and hold harmless the other from and against any loss or liabHity for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. c. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. - 5 - SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The jointly owned real estate known and numbered as 4 Glenfield Drive, Mechanicsburg, PA 17050, ("the Real Estate"), encumbered with a 1st mortgage owed to Belco Federal Credit Union and a Home Equity Loan Mortgage owed to Belco Federal Credit Union ("the Mortgages"), shall be divided and distributed in accordance with the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife within Ten(10) days of her receipt of that deed from Husband, and said deed shall held in - 6 - escrow by Husband's attorney pending the refinance/assumption of the Mortgage or sale and payment of the sum of $37,202.33 set forth below, at which time the deed shall be delivered to Husband to record. 2. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing/assumption of the Mortgage within fifteen (15) business days of the date of this Agreement and shall complete that refinance/assumption within sixty (60) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing/ assumption shall be paid by Husband. 4. Sale: In the event Husband has not obtained the refinancing/assumption Husband the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds, the 1st $37,202.33 shall be paid to Wife in satisfaction of the monetary payment due her pursuant to subparagraph H. below, and the remainder shall be paid to Husband as Husband's sole and separate property. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2000 BMW 580i and any vehicle loans for the purchase of said vehicles. 2. To Husband: The 2002 Saab 9.3 and any vehicle loans for the purchase of said vehicles. C. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: - 7 - 1. To Wife: None. There are no marital Investments of Wife to be distributed. 2. To Husband: None. There are no marital Investments of Husband to be distributed. D. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Wife's individual bank account with Belco Federal Credit Union previously held in the parties joint names and transferred into Wife's sole name. 2. To Husband: The joint bank account with Belco Federal Credit Union previously held in the parties joint names and transferred into Husband's sole name. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: Any life insurance policies and long term care policies in Wife's sole name and the cash value thereof. 2. To Husband: Any life insurance policies and long term care polies in Husband's sole name and the cash value thereof. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRAAccount, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/ or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any retirement plans in Wife's name. 2. To Husband: Any retirement plans in Husband's name. G. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall hereafter be divides and distributed between the parties as they shall mutually agree, and in the absence of such agreement then in as near to equal parts as if possible. - 8 - H. Monetary Payment: Husband shall pay Wife the amount of $37,202.33 upon completion of the refinance/assumption referenced in subparagraph A above, or in the event or failure of the same then upon the sale of the Real Estate as provided in subparagraph A above. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) Wife's individual Visa account and Master Card Account now in wife's sole name. (b) Any other credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Husband's individual Visa account now in Husband's sole name. (b) Any other credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. - 9 - C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/ or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obl1gation and/or enforcing the provisions of this indemnification. H. After Acquired Debts: Each of the parties represents and warrants to the other at since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall - 10- immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. This provision shall not apply to any vehicle loans unless they are not hereafter paid in a timely fashion and become 30 days or more in default of timely payment, in which event said loan or loans shall be refinanced within 45 days of the date of default.. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente Ute, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. - 11 - . ' . ~~ .-Q')~ . -q;QA -)P;-V "t?/'{<' ~ I~, -9. ~ .0..- )10 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) MAY ~RD W. KRING, JR. Date: ~) J3/D~ ~(A,. I<~ K~G -0 Date: ~ 0 {, (SEAL) - 12 - \) c::- .....~ ri'i C'7 ~r,' (/) r~/'J ~:~ '<"j ~~ (_ .1 ,ii~ ;;~? ..... ~ <. :::;j (') f'; -;:.:c) fJ:1 ~;- .I~._-. ;;,.'~ ! . (/! -<..-- ......_~ ! .~;-; "'" = = .-.. :x ::J:;;,. :;0 rl,' ~ ~ C;:::) -.. :::.: ~ ;::0 '" - .boo .::!: W c::::> 4,;- ~ JK;o ,..... :-0 en :-O~ C) -=1 ( ;1: ::n :} Cri- <,. o :::--t ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAYNARD W. KRING, JR., Plaintiff V. NO. 06-6552 CIVIL ACTION - LAW IN DIVORCE KELLY A. KRING, Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filin~ of Complaint: November 13, 2006 b. Manner of Service of Comolaint: Acceptance of Service c. Date of Service of Complaint: November 22, 2006 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: March 1, 2007 b. Defendant: March 6, 2007 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filimz: NI A c. Date of Service: NI A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated November 3,2006, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(0)(1)(1) OF THE DIVORCE CODE: a. Date of Service: NI A b. Manner of Service: NI A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: March 2, 2007 b. Defendant's Waiver: March 13, 2007 0 N ~ ~ c: c:::::> ~ '"-J :1J OJ :x ~:n rnn, ;x:. 2~'r' :::0 ~~ Ze- T'\) ()) "L, ::< <', ~~:) :xa :r!-r, '7', ::E: l~~ .~() .2: J"C t.o Om ~ 0 ~ -'="" -< ~ ~ ~~ ~ ~ ~~~~ ~ ~~ ~ ~ ~ ~ ~~~ ~~ ~ ~~~~~~~~~ ~~~~~~ ~ ~ IN THE COURT OF COMMON PLEAS : ~ OFCUMBERLANDCOUNTY STATE OF PENNA. MAY~J},RD W, KRTN~, ,m , No. 06 6552 C1VTT, TF.RM Plaintiff VERSUS KELLY A. KRING, Defendant DECREE IN DIVORCE AND NOW, MVLL 2.1 ,2007 , IT IS ORDERED AND DECREED THAT MAYNARD W. KRING. JR. , PLAI NTI FF, AND KELLY A. KRING , 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; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated November 3, 2006, filed of record and incorporated into, but not merged with, this Decree. ~~~ ~ ~~~~~~ ~~~~~~~~~~~ ATTES J!~ PROTHONOTARY ~ "'~ ~ ~ '" ~ :-f.~~ ~~:+:~~:+: ~ ~ ~ ~ J. _ * ~ 1'1"-- ~/t, OJ<je - l: ~ P ~ ~/o6v1"P LP-6e-F ~ ... .