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HomeMy WebLinkAbout02-4991KAREN L. KEEFER, PLAINTIFF V. JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF COI~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 -~/~/ CIVIL TERM IN DIVORCE NOTICE TO DEFEND ~ 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. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator,s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU M~AY 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 2. The DetenaanL 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. % 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. in this Complaint are true statements herein are made 4904, relating to unsworn Date: Karen L. KeeferO KAREN L. KEEFER, PLAINTIFF JEFFREY L. KEEFER, DEFEND~ IN THE COURT OF COMMON PLEAS Ct~dBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM IN DIVORCE _AFFIDAVIT OF CONSEN~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: KAREN L. KEEFER, PLAINTIFF JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF CO~ON PLEAS CU~EP~AND COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REO~T ENTRY OF A DIVORCE D~C~ UNDE[ SECTION 3301¢c) OF Tw~. DIVO~C~ COD~ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KAREN L. KEEFER~ KAREN L. KEEFER, PLAINTIFF Ve JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TEP~{ IN DIVORCE Dated: ACCEPTANCE OF SERVICE , I,~ Jeffrey L. Keefer, aGC~t service of the Divorce Complaint theY'd?above captiuned matte~' st Main Street Walnut Bottom, PA 17266 DE FENDANT KAREN L. KEEFER, PLAINTIFF JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF CO~ON PLEAS CUmbERLAND COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM IN DIVORCE AFFIDAVIT OF I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on October 15, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on October 23, 2002. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 7211-1461 17011 MARRIAGE SETTLEMENT AGREEMENT and between Jeffrey L. Keefer, (hereinafter referred to as "Husband" ) and Karen L. Keefer, (hereinafter referred to as "Wi fe" ) . WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 8, 1991; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Kasie Marie Keefer, born on October 1, 1991; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations, support and custody of the child; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have prepared a list and have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in conm[on. Neither party will make any claim to any such items which are designated to the other. 4. VEHICLES The Wife is to be the owner of the 1999 Ford F-150, the 1978 Ford motor home, pontoon boat w/motor & trailer and snowmobiles w/trailer. Husband is to be the owner of the 1984 Chevrolet Blazer and "V" boat w/motor and trailer. Wife shall be responsible for all costs, liens, expenses., insurance, maintenance and repairs related to her vehicles. Wife shall indemnify and hold Husband harmless for all liability and expenses related to her vehicles. Husband shall be responsible for all costs, insurance, fees, liens and other expenses related to his vehicles. Husband shall indemnify and hold Wife harmless for all liability and expenses related to his vehicles. 5. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 80 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania shall be conveyed in fee simple to the Wife. Wife shall assume full responsibility for .all maintenance, taxes and the payment of the existing mortgages and notes. Wife shall indemnify and save Husband harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. In the event the house is sold, Wife shall receive any and all proceeds from the sale of the house and alternatively, she shall be liable for any and all deficiency related to the sale of the home. Husband waives any and all right or interest he may have in the marital home. Within 15 days of signing this agreement Wife shall take the necessary actions, to include refinancing if necessary, to remove Husband from any liability for the mortgage on the former marital residence. 6. PENSION/RETIREMENT Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 7. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Wife agrees to be responsible for and hold husband harmless for all joint debts to include loans with Beneficial, Member's 1st personal loan, Member's 1st home equity loan and the Citibank credit card. 8. CUSTODY Wife shall have legal custody of Kasie. Wife shall inform Husband of the major parenting decisions affecting the child's health, education and welfare. Primary Physical Custody shall be with Wife subject to Partial Physical Custody to Husband as the parties may mutually agree, which initially shall be ever other weekend from Friday evening through. Sunday evening. The parties agree to share holidays. Annually, each parent shall be entitled to two (2) non-consecutive, uninterrupted weeks of vacation time which must include their regular weekend period. Each parent must give at least 30 days notice of their intended vacation period. Neither party is to take the child outside the Commonwealth of Pennsylvania without notifying the other. Such notice may be by telephone, in writing or in person. 9. CHILD SUPPORT In lieu of court ordered child support, Husband agrees to voluntarily reimburse Wife 50% of the child's expenses for food, clothing, medical expenses, activities and entertainment. Wife shall continue be responsible for providing medical coverage for the child as long as such medical coverage is available, at a reasonable cost, as part of the Wife's employment benefits. However, if husband can cover the child through his employer at a cost less than Wife, Husband shall cover the child. 10. SUPPORT/ALIMONY/ALIMONY PENDENTE I.ITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 11. LIFE INSURANCE Husband shall maintain his current life insurance and list Kasie as his beneficiary. 3 12. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for tax year 2002 and separately all subsequent years thereafter. The parties agree to share any refund or debt for the 2002 tax year. 13. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage, under section 3301(c) or(d) of the Divorce code. 14. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 15. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 16. BREACH 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 17. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the. result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 18. HAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby 4 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 without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 19. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 20. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. 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 any subsequent default of the same or similar nature. 21. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this: agreement are null and void and of no affect. 22. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 24. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 5 WITNESS WHEREOF, the parties set their hands and seals Witness Witness 10 ,.3 Date ~aren L. Keefe~/ Commonwealth of Pe. nnsylvania: County of : ss PERSONALLY APPEARED BEFORE ME, this day of this , 2002, a notary public, in and for the Commonwealth of Pennsylvania, Jeffrey L. Keefer, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto se~hand an~fficial seal. Notary f~lic Commonwealth of Pennsylvania: .~~/~ : ss County of : NOTARIAL SEAL TAMMY SUE HELMAN, Notary Public Chamhersburg, Franklin County My Commission Expires Oct. 31, 2005 PERSONALLY APPEARED BEFORE ME, this day of this , 2002, a notary public, in and for the Commonwealth of Pennsylvania, Karen L. Keefer, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed contained. t~r the purposes herein [~otary&blic ' ~ 6 ITANOT/d:;IIAL SEAL MMY SUE HELMAN, Notary Public Chambersburg, Franklin County My Commission Expires Oct. 31, 2005 KAREN L. KEEFER, PLAINTIFF JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF COI~ON PLEAS ~ COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On October 23, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, January 30, 2003; By Defendant, January 30, 2003. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on February 3, 2003. Date Defendant's Waiver of Notice, in ~ 3301(c) divorce was filed with the Prothonotary on February 3, 2003. Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT OF COMMON PLEAS KAREN L. KEEFER, Plaintiff VERSUS JEFFREY L. KEEFER, Defendant OF CUMBERLAND COUNTY STATE Of ~~ PENNA. NO. 2002-4991 CIVIL AND NOW, DECREED THAT Decree iN 2003 it iS orDeREd AND KAREN L. KEEFER , PLAINTIFF, aND JEFFREY L. KEEFER ,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; THE MARRIAGE SETTLEMENT AGREEMENT DATED OCTOBER 18, 2002, IS HEREBY INCORPORATED INTO THIS DRCREE IN DIVORCE. PROTHONOTARY KAREN L. KEEFER, PLAINTIFF V. JEFFREY L. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COURTX, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM IN DIVORCE ~AFFIDAVIT OF CONSEN~ 1. A Complaint in Divorce under .Section 3301(c) of the Divorce Code was filed on October 15, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. DATE D: KAREN L. KEEFER, : PLAINTIFF : V. : JEFFREY L. KEEFER, : IN DIVORCE DEFENDANT : IN TEE. COURT OF COMMON PLEAS CUMBE~ COUNTY, PENNSYLVANIA NO. 2002 - 4991 CIVIL TERM WAIVER OF NOT~CE OF INT_ENTION TO RE UEST ENTRY OF A DIVORC~ DECP~ UNDER SECTION 3301(c) OF T~F_. DIV~RCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or them before a divorce is granted, expenses if I do not claim 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.