HomeMy WebLinkAbout07-0608THERESE KELLER,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
FREDERICK W. KELLER,
Defendant
CIVIL ACTION
IN DIVORCE
NOTICE TO DEFEND
C~~:L`r~.,,
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 divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, PA 17013-
3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 4~' Floor
Carlisle, PA 17013-3387
(717)240-6200
NOTICIA
Le han demandado a usted en la Corte. Si usted quiere defenderse de estats demandas
expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las
demands y la notificacion. Usted debe presenter una apariencia escrita o en persona o
Page 1 of 2
por abogado y archival en la torte en forma escrita sus defensas o sus objecciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la torte tomar~
medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o
alivio que es pedido en la petition de demanda. usted puede perder dinero o sus propiedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATA~MENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 4~' Floor
Carlisle, PA 17013-3387
(717) 240-6200
Michael D. Rentschler, Esquire
Attorney for Plaintiff
Page 2 of 2
THERESE KELLER,
Plaintiff
vs.
FREDERICK W. KELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
. NO. a~-~a~
IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above-captioned action in divorce. By virtue of Section 202
of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability
of counseling and upon request of either provide bath parties a list of qualified professionals who
provide such services.
Accordingly, if you desire counseling, please advise in writing promptly by replying to:
Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013-3387.
Prothonotary
THERESE KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. CNIL ACTION
FREDERICK W. KELLER, ; NO. ~ ~ . `~j P
Defendant ; ~l U ~ ~ ~"~
IN DNORCE
COMPLAINT IN DIVORCE
1. Plaintiff is THERESE KELLER, an adult individual who currently resides at 609
Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is FREDERICK W. KELLER, an adult individual who currently resides at
5332 Cobblestone Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are sui 'uric and both have been bonafide residents of the
Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this
Complaint.
4. The parties are husband and wife and were lawfully married on November 21, 1990 in
Enola, Cumberland County, Pennsylvania.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940
and its amendments.
7. There has been no prior action for divorce or annulment instituted by either of the parties
in this or any other jurisdiction, with regard to this marriage.
8. The Plaintiff has been advised of the availability of counseling and of the right to request
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that the Court require the parties to participate in counseling.
COUNTI
Request for Divorce Due to Irretrievable Breakdown
Under 330I(c) of the Divorce Code
9. The prior pazagraphs of this Complaint are incorporated herein by reference thereto.
10. T'he marriage of the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file
such an affidavit.
12. Plaintiff has been advised of the availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed
from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT II
Request for Divorce Due to Irretrievable Breakdown
Under 3301(d) of the Divorce Code
13. The prior pazagraphs of this Complaint aze incorporate herein by reference thereto.
14. The marriage of the parties is irretrievably broken.
15. The parties have lived separate and apart since October 6, 2006. After two (2) yeazs
have elapsed from the date of final sepazation, Plaintiff intends to file her affidavit of having lived
2
separate and apart, provided a divorce decree has not already been granted pursuant to Section 3301 C
of the Divorce Code.
16. Plaintiff has been advised of the availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate in such counseling.
WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant
to Section 3301(d) of the Divorce Code.
COUNT III
Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and
3503 of the Divorce Code
17. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
18. Plaintiff and Defendant have acquired property, both real and personal during their
mamage from the date of marriage until the date of their separation.
19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said
property.
WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital
properly of the parties, pursuant to the Divorce Code.
COUNT IV
Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the
Divorce Code
20. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
21. Plaintiff is unable to sustain herself during the course of litigation.
22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable
sustain herself through appropriate employment.
23. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to
Plaintiff.
WHEREFORE, Plaintiffrequests the Court to enter an award of alimony pendent lite until
final hearing and thereupon to enter an Order of alimony in her favor.
COUNT IV
Request for Counsel Fees, Costs and Ezpenses Under 3104, 3323, 3502(e) and 3702 of the
Divorce Code
24. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
25. Plaintiff has employed the Law Office of Michael D. Rentschler to represent her in this
matrimonial case.
26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is
more than able to pay them.
WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs
and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order
Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses.
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Respectfully submitted,
LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C.
Michael D. Rentschler, Esquire
Attorney for Plaintiff
Supreme Court I.D. #45836
28 North 32nd Street
Camp Hill, PA 17011
(717) 975-9129
5
VERIFICATION
I, Michael D. Rentschler, Esquire, do hereby swear and affirm that the statements contained in
the foregoing document are true and correct based upon representations made to me by my client,
the Plaintiff herein. I further certify that I am authorized to sign this verification. I understand
that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unsworn
falsification to authorities.
Date: ~ ~~
MICHAEL D. RENTSCHLER, ESQ.
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Marital Settlement Agreement
by and between
THERESE KELLER
and
FREDERICK V~. KEI.LER
Marital Settlement Agreement
THIS MARRIAGE SETTLEMENT AGREEMENT (hereinafter "Agreement")
MADE this day of
2007, is by and
between Frederick W. Keller ("Husband") - AND - Therese Keller
("Wife").
WHEREAS, the parties hereto are husband and wife having been
married on November 21, 1990 in Enola, Cumberland County,
Pennsylvania.
WHEREAS, there are no minor children of this marriage,
WHEREAS, as a result of diverse unhappy differences, disputes
and difficulties that have arisen between the parties, a divorce
complaint was been filed by wife against husband, on January 31,
2007, in Cumberland County, Pennsylvania, docketed at 2007-00608.
It is the intention of Wife and Husband to live separate and apart
for the remainder of their respective lives, and to settle fully
and finally their respective financial and property rights and
obligations as between including matters pertaining to past,
present and future support, alimony, alimony pendente lice and/or
maintenance of Wife by Husband. Accordingly, the parties desire to
settle matters relating to the ownership and equitable distribution
of real and tangible personal property; and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates, except those
1
specifically excluded from this Agreement.
NOW, THEREFORE, in consideration of the foregcing premises and
of the mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties, Husband and
Wife, each intending to be legally bound hereby covenant and
agree as follows:
1. Separation.. Husband and Wife have lived separate and
apart from each other since the final date of separation, which was
October 19, 2006. Husband grid Wife, agree to sign their respective
Affidavits of Consent and Waivers agreeing to the divorce on the
date in which this Agreement is signed. The parties have, since,
October 19, 2006, lived separate and apart and shall at all times
hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint, or
interference whatsoever by the other. Neither party shall molest
the other by any legal or other proceedings for any matter that can
be construed to relate to the terms and conditions of this
Agreement.
2. Division of Property. The parties have fully and
completely divided up all marital property to the satisfaction of
each other. Consequently, except as set forth herein, Wife shall
make no claim against Husband and Husband shall make no claim
against Wife for arty property. Wife agrees to be fully responsible
for payment of the Promissory NotelMortgage on the property where
she resides and for all costs associated with the premises
including, but not limited to, the mortgage, real estate taxes,
homeowners insurance, utilities and maintenance and upkeep of the
real property. Husband agrees to be fully responsible for payment
of the Promissory Note/Mortgage on the property where he resides
and for all costs associated with the premises including, but not
limited to, the mortgage, real estate taxes, homeowners insurance,
utilities and maintenance and upkeep of the real property. The
parties agree that each shall have exclusive possession of the
premises in which they currently reside to the exclusion of the
other. The parties shall continue to use the vehicles that they
have customarily used and agree that each will execute whatever
documents need to be executed in order to transfer title of those
vehicles to the other party. Each party shall be responsible for
the respective car payment on the vehicle, if any.
3. Additional Documentation. The parties agree to execute
any deeds, assignments, titles or other instruments necessary and
appropriate to accomplish the aforesaid division of property.
3
4. Transfers Subject to Existing Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is
subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save
harmless the other party from any claim or liability that such
other party may suffer os may be required to pay on account of such
lien or encumbrance.
5. Representations and Warranties. The parties represent and
warrant to each other that the property described in this Agreement
represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage,
pledge, lien, security interest, encumbrance or charge except those
which are disclosed herein.
6. Equitable Division. By this Agreement the parties have
intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division
of such property conforms to a just and right standard, with due
regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in
any way a sale or exchange of assets, and the division is being
effected without the introduction of outside funds or other
property not constituting a part of the martial estate. It is the
4
intention of the parties to treat all transfers herein as non-
taxable.
7, Relinquishment of Rights. Except as expressly provided
herein, Husband forever relinquishes any right, title or interest
he may now or hereafter have in any tangible or intangible assets
in possession of Wife, and Wife forever relinquishes any right,
title or interest she may now or hereafter have in any tangible or
intangible assets in possession of Husband.
8. After-Acquired Property. Each of the parties shall
hereafter own and enjoy independently of any claim or right of the
other, all items of property, be their real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her,
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.
9. Debts. Husband and Wife shall each be solely responsible
for all debts in their respective names from the date of final
separation, including but not limited to personal loans, charge
accounts and credit cards. The parties agree to hold each other
harmless from any of those identified bills. Both parties represent
and warrant to the other has not incurred any debt against the
5
other or any other monetary obligation against that other spouse
from the date of separation. The respective parties agree that
they will not incur, nor in the future will they contract or incur,
any debt or liability for which the other or the estate of the
other might be responsible.
10. Liabilities. All debts, contracts, obligations or
liabilities incurred at any time in the past or future by either
party will be paid promptly by said party, and each of the parties
hereto further promises, covenants and agrees that each will now
and at all times hereafter save harmless and keep the other or his
or her estate indemnified and save harmless from all other debts or
liabilities incurred by him ar her, as the case may be, and from
all actions, claims and demands whatsoever with respect thereto,
and from all costs, legal or otherwise, and counsel fees whatsoever
pertaining to such actions, claims and demands. Both parties
acknowledge that neither will, as of the execution date of this
Separation Agreement, contract or incur any debt or liability for
which the other or his or her property may be responsible, and each
agrees to indemnify and save harmless the other from any and all
claims or demands made against him or her by reason of debts or
obligations incurred by him or her and from all expenses, legal
costs, and counsel fees.
6
11. Pension/Retirement Plans. Each party waives his or her
right to the other party's pension, retirement, or like plan.
12. Counsel Fees, Costs and Expenses. Each party shall be
responsible for his or her own legal fees, costs and expenses
incurred in connection with their separation and/or the dissolution
of their marriage.
13. Support and Maintenance of Wife by Husband. Husband
acknowledges that Wife will need certain assistance from Husband in
order to help pay for necessary expenses. In an effort to address
this issue, Husband agrees to pay to wife, in the farm of alimony,
the amount of $400.00 per month, said payments to be paid to Wife
by Husband until the date in which Husband dies. Said monthly
payments shall commence on or before April 30, 2007 and continue
each successive month thereafter, each payment being made to Wife
by Husband on or before. the last day of each successive month so
long as Husband shall live. The parties agree that Husband is not
entitled to alimony, support, alimony pendente lite, or
maintenance, or any other type of financial support, from Wife.
14. Health Insurance. Each party is financially respor;sibie
for his or her own health insurance or health maintenance plan.
7
15. Full Disclosure. The respective parties da hereby
warrant, represent and declare and do acknowledge and agree that
each is and has been fully and campietely informed of and is
familiar with. and cognizant of the wealth, real and/or personal
property, estate and assets, earnings and income of the other and
that each has made a full and complete disclosure to the other of
his or her entire assets and liabilities and any further
enumeration or statement thereof in this Separation Agreement is
specifically waived.
16. Releases. Each party does hereby remise, release,
quitclaim and forever discharge the other and the estate of the
other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether
arising out of any former contracts, engagements or liabilities of
the ather, or by way of dower or claim in the nature of dower,
widow's rights, or under the intestate laws, or the right to take
against each other's will, or, in Husband's case, for support or
maintenance, or of any other nature whatsoever, except any rights
accruing under this Agreement.
17. Indemnification. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation, or
8
other liability, other than described in this Separation Agreement,
on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding any claim,
action or proceeding is hereinafter initiated seeking to hold the
other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole
expense, defend the other against any such claim or demand, whether
or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting
therefrom. Damages as used herein shall include any claim, action,
demand, loss, cost, expense, penalty, and other damage, including
without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or
in opposing the imposition thereof or enforcing this indemnity,
resulting to Husband or Wife from any inaccurate representation
made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or
Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such
party hereunder. The Husband or Wife agrees to give the other
prompt written notice of any litigation threatened or instituted
against either party which might constitute the basis for a claim
for indemnity pursuant to the terms of this Agreement.
9
18, Waivers 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
relationships, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to act as
administrator or executor of the other's estate. 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. interests,
rights and claims.
19. Waiver of Beneficiary Designation. L3nless otherwise
specifically set forth in this Agreement, each party hereto
specifically waives any and all beneficiary rights in and to any
asset, benefit or like program carrying a beneficiary designation
which belongs to the other party under the terms of this Agreement
including, but not limited. to, pensions and retirement plans of any
sort or nature, deferred compensation plans, life insurance
policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution scheme, and each party
expressly states that it is his and her intention to revoke by the
10
terms of this Agreement any beneficiary designations naming the
other which are in effect as of the date of execution of this
Agreement. If, and in the event, the other party continues to be
named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the
deceased party. Notwithstanding the foregoing, however, in the
event that either party hereto specifically designates the other
party as a beneficiary after the date of execution of this
Agreement, then this waiver provision shall not bar that party from
qualifying as such beneficiary.
2Q. General Provisions, 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.
21. Fair and Equitable Contents. The parties understand that
each has the right to employ legal counsel of their own choosing
with reference to this Agreement. It is that party's decision as
to whether he or she shall employ legal counsel. Each party affirms
that they fully understand the provisions of this Agreement and
their legal effect; said understanding having either been fully
explained to the parties by their respective counsel; or, in the
11
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THERESE KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION
FREDERICK W. KELLER, N0.07-00608 CIVIL TERM
Defendant
IN DIVORCE
CERTIFICATION OF SERVICE
I, Michael D. Rentschler, Esquire, do hereby certify that I served a true and correct copy of the
Complaint in Divorce upon Defendant Frederick Keller by certified mail, restricted delivery,
return receipt requested, as evidenced by the attached LISPS delivery green cazd confirmation.
^ Complete items-1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
^ Print your name aril address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front ff space permits.
1. le Addressed to:
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A. signature
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B. Received by (Hinted Name) i C. Date of Delivery
D. Is delivery address different
H YES, enter delivery addrE
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'~~~~~ ~ ~ ~ 3 Mail ^
O~ Expreea Mail
f ~ ^ Regletered D Return Receipt for Mert~,andise
^ Insured Mall D C.O.D.
d. ReaMcted Delivery? (Extra Fee) Yes
2. Artlde Number
r~,,,e~ 7006 081 Doss 7884 4[]89
PS Form 3811, February 2004 Domestic Return Receipt to2ss5-oz-nn-isao ;
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THERESE KELLER.
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
FREDERICK W. KELLER,
Defendant
CIVIL ACTION
N0.07-00608 CNIL TERM
IN DIVORCE
AFFIDAVIT 4F CaNSENT
1. A complaint in divorce under § 33U1(c) of the Divorce Code was filed on January 31,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3. I consent to the entry of a final decree of divorce after service of a Notice of Intention
to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling anal understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this Affidavit are true and correct and 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: ~ ~ ~l
THERESE KELLER,
Plaintiff
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THERESE KELLER,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
NO.O'7-00608 CNIL TERM
FREDERICK W. KELLER,
Defendant
IN DNORCE
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 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.A. § 4904 relating to
unsworn falsification to authorities.
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Date: .~~r---7`--~ ~ ~
RESE KELLER,
Plaintiff
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THERESE KELLER,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
FREDERICK W. KELLER,
Defendant
CIVIL ACTION
N0.07-00608 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
2007.
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 31,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3. I consent to the enhy of a final decree of divorce after service of a Notice of Intention
to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this Affidavit are true and correct and 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: ~~ ~~ J~ W
FREDERI K W. KELLER,
Defendant
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THERESE KELLER,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
FREDERICK W. KELLER,
Defendant
N0.07-00608 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unsworn falsification to authorities.
Date: 5 ~ 1 ~ o ~ ~.~t~ ~ ~C~---
FREDERICK W. KELLER,
Defendant
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THERESE KELLER,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
FREDERICK W. KELLER,
Defendant
N0.2007-608
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: the Prothonotary
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section 3301C of the Divorce Code.
2. Date and manner of service of the complaint: February 2, 2007 by Certified Mail, Restricted
Delivery.
3. Date of execution of the affidavit of consent required by Section 3301 C of the Divorce Code:
by plaintiff on May 8, 2007; by defendant on May 1, 2007.
4. Related claims pending: None.
5. Date plaintifF s Waiver of Notice was filed with Prothonotary: May 14, 2007.
6. Date defendant's Waiver of Notice was filed with Prothonotary: May 14, 2007.
Respectfully submitted,
Michael D. Rentschler, Esquire
Supreme Court I.D. #45836
28 N. 32"d Street
Camp Hill, PA 17011
(717) 975-9129
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I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
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Therese Keller
No. aoo~-hog
VERSUS
Frederick W. Keller
DECREE IN
DIVORCE
AND NOW, L , ~,~, IT IS ORDERED AND
DECREED THAT __ T}~ r _S K 1 1 r PLAINTIFF,
AND Frederick W. Keller 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;
All property issues resolved by Marital Settlement
Agreement that is incorporated. but erQe.~._, into Divor
Decre~ ~ ^~,~, BY THE COURT:
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ATy~s 118 ~ 1 ~.
PR6THOl~CJ~TARY