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Home My WebLink About97-02575 ~ It t: " '? tI ~ ~ ~ 1t ~ 1I Iia U ~ ~ i .... i I ' :) c;:s... . ~ I i l ~. \ \ I ~ ,/ . ! , , ! I , .' .**'***M****_*********~*:~:~:*..*ro*ro~~ ..,. ---.-----------------....--...-""----.. ' ~ ~ .. ~ .. ~ IN THE COURT OF COMMON PLEAS ~i "( ~\ "( OF CUMBERLAND COUNTY ~ STATE OF ~~ PENNA. ~ ~ ~( ~ ,', ~ TINA L. KEESEMAN, Plaintiff N ll, ~~7?.'..'" .~.IY~.~.. 19 97 * ~ '.' ~ \,(lI':o11~ BRIAN T. KEESEMAN, ~ $ Defendant ~ .' ~ ~ DECREE IN DIVORCE AND NOW, .... ~.. .'J.. ...... " 1991.... it is ordered and TINA L. KEESEMAN " decreed that .................................................. plainti , and. .. . . .. . . ... . .. ,.. . . ~.R.~~~. .~: . ~.E.~~~~.A.~ .. . . . . . . . . .. .. ", defendant, are divorced from the bonds of matrimony, ~ ~ ~ ,', S w ~.. ~ ~ ~ '.' ~ 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; lJo~ THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED DECEMBER 16, 1997 ......................... ....................... ....., ........... ....... ", ~ ~ '.' * ~ . ~!3. .~l:l~.o.~J:'9~.!\~~D. ."'E~!>I.~ .!>S A f.I.~AL. .Q~D!>~. .Q~ ~.Ql.i~r... . . . . . . . . . .. . . . / ) Ilv TIt:N~~( Alt",l: ~ * ;i, ..' ~ ~ '.' $ ~ ~i ~I 7 \._._ _ ~ _._ _ ~ )~:. .~:. -:.:. .:+:. .:.:. .: ;. Prothonol.,ry ~ <. .+;. -:.:. .:.:. .:.:. .:.:- .:+:. -:.:- .:+:. .:.;. .:.:. .:+:- .:+:- -:.:- .:+:. .:+:. .:+> -:~:- .:+:. .:.;. .:+:. -:.:. .:.:. .:+:.' $ ,', ~ ~ ;t! ',' ~ ',~ ~ ',' ~ ~ ~ ~ ... ~ '.' ~ ... s .'~ ~ ~ !~ s ~ ... ~ '.' ~ ',' s ~ ,', ~ ~ S $ $ l~ " I~ I':' I~ !~ \~ i' )~ )'.' J, ~ ~ .~ . . !~ spousal support, and Husband is rcprescntcd by Danicl DeAmlcnt, Esquire, who has adviscd Husband of his rcspcctive propcrty rights, privilegcs, duties and obligations rclative to the parties' propcrty rights and intcrcsts under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with thc marital propcrty and both partics now dcsire to settlc and detcrmine his and hcr propcrty rights and claims undcr the Divorce Code, including all claims rcgarding cquitable distribution of marital propcrty, alimony, spousal support and related economic claims. NOW, THEREFORE, the parties hereto being Icgally bound hcrcby, do covcnant and agrcc as follows: I. The partics agrcc to the cntry of a Dccrce in Divorce pursuant to Section 330 I (C) of thc Divorcc Code. Both partics shall cxeeute and filc the requisitc Conscnts and Waivcrs with the Court contemporancously with the cxccution or this Agrccment. Wire's counsel shall withdraw Wifc's claim for economic relicf The Wife's attorney shall file the Praecipe to Transmit the rceord and obtain a Decrce in Divorce without dclay. Should cither party do anything to dclay or dcny the entry of such a Decrcc, or fail to do anything rcquircd to obtain the Divorec Deerce in breach or this Agrccment, thc other party may, at his or hcr option, dcclarc this Agrccment null and void, ab initio. 2. This Agrccment and all warrantics and representations contained hcrein shall survivc the Divorce Dccrcc and shall continue to bc cnrorccable in aceordancc with its terms. No Court may changc the tcrms or this Agrccment, and it shall be binding and inclusivc upon the partics. An action may be brought at law, in equity or pursuant to thc provisions orthc Divorec Code to enroree this Agrccment by either Husband or Wife. In the event or a rceonciliation, attempted rceonciliation or 2 other cohabitation of the parties hercto allcr the datc or this Agrcement, this Agrecment shall remain in full force and effect in the absence or a writtcn agrccment signed by the parties cxpressly stating that this Agreement has bccn rcvokcd or modified. 3. Wire shall bccome the sole owner or 1985 19 root boat prcsently owncd by the parties along with the 1992 Chcvy Camaro wife prescntly drivcs. Additionally, wire shall reecive from Husband $1,000.00 cash at the signing or this Agrecment. Husband shall bccome thc sole owncr or the 1978 Ford pickup truck he currently drives and Husband shall bceomc thc sole owncr of the marital residence at 408 Ncaly Road, Ne\wille, PA. Wire shall transrer the title to the mobile home into Husband's name alone and wire shall sign a Quitclaim Dccd to thc real cstate at 408 Nealy Road, Newville, transfcrring all or hcr right, title and intcrest in that rcal estate and mobile home to Husband. Husband shall be solcy responsiblc to pay all costs associatcd with ownership of the above real estate and mobile home, including thc mortgage payment, taxes, liens and the like and the cost of preparing and recording said deed. Aside rrom the roregoing, the parties have divided between them to thcir mutual satisraction all othcr articles ortangible pcrsonal propcrty which have hcrctofore bccn used by them in common and ncithcr party will make a claim to any such items which are now in the possession or undcr the control or the othcr. Each party will cxceute any and all documents necessary to effcctuate the transfer or ownership or any itcms of personal propcrty titled in both names as set forth above within ten days orthe signing of this Agreemcnt. The party receiving sole owncrship of such items shall pay all costs associatcd with thc transrcr. 4. Husband shall within sixty days or the date of this Agrcemcnt attempt to refinance in his name alone the loan which is sccured by a mortgage on 408 Nealy Road, Ncwvillc, Pcnnsylvania, 3 and he shall provide cvidcnce or such cllorts to wife in that sixty day pcriod. Should husband fail to qualifY for a ncw loan to rcfinancc the existing loan which is with Michigan National Bank, husband agrces to indemnifY and hold wire harmlcss relative to the dcbt to Michigan National Bank. 5. The partics have dividcd betwcen them to their mutual satisraetion all intangible pcrsonal propcrty consisting oreash, bank accounts, annuities, securities. insurance policies, pcnsion and retirement rights, whcther vcstcd or contingcnt, and all othcr such typcs or property. The partics hereby agree that all such intangiblc propcrty presently in the posscssion or or titled in the name of Husband shall bc his sole and scparate property, and that inthc posscssion or titlcd in the namc of the Wife shall be hcr sole and scparate property. Each party hcreby expressly waives any right to claim any pension/profit sharing/rctircmcnt rights of the othcr, vcstcd or contingcnt, each party to retain full owncrship or such rights as his or hcr solc and separate property. 6. Except as herein otherwise providcd, each party reprcscnts that shc and he have not heretofore incurred or contract cd any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indcmnify and save and hold harmlcss the other from and against all such dcbts, liabilitics or obligations or any kind which may have heretofore bccn incurred between them, cxcept the obligations arising out or this Agrccment. 7. Both parties eovcnant, warrant, represcnt and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after execution or this Agrccmcnt, except as may be othcrwise spccifieally provided ror by the tenns of this Agrecment and ncithcr or them shall hereafter incur any liability whatsoever for which the Estate of the other may be Iiablc. Each party tilrlhcr agrecs to indcmnify and save and hold 4 hannless the othcr from any and all liabilities he or she may incur upon the obligations of or assumcd by the othcr, which indcmnification as to all provisions or this Agrccmcnt shall includc the right to rccover out or pocket expcnses and reasonable attorney's recs actually incurred. 8. Both parties agree thatthc hcrcinabove sct rorth Agrcement constitutcs an cquitable distribution or thcir marital property and cquitable rcsolution or all other economic claims pursuant to the provisions of the Divorec Code and each party irrevocably waivcs, releases, and remises any claim to ownership or or intcrest in any propcrty dcsignated as the propcrty orthc othcr by virtue of thc provisions of this Agreement cxeept as otherwisc may be providcd pursuant to the provisions of this Agreement. 9. Husband docs hcrcby relcasc, rcmise. quitclaim and forcver dischargc Wife and the estate or the Wire from any and all claims hc has now, cver may have or can at any time have against the Wife or her estate or any part thereof, whethcr arising out or formal contracts, engagemcnts or liabilities or the Wife, arising by way or widower's right or undcr the Intestate Law arising by any right to take against the Wife's will, arising out or the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pcndcnte lite, counsel fces and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accordcd to the Husband under this Agrccmcnt. 10. Wire docs hcreby releasc, remisc, quitclaim and forcver discharge thc Husband and the Estate of the Husband from any and all claims she has now, cvery may have or can at any time have against the Husband or his estate or any part thereof, whcthcr arising out orrormal contracts, engagcmcnts or liabilities of the Husband, arising by way of the widower's right or under the Intcstate 5 law, arising by way or any right to take against the Husband's Will, arising undcr the Divorce Code, Act No. 26 or 1980, as amcndcd, including, alimony, alimony pcndcnte lite, counsel fccs and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to thc Wire under this Agreemcnt. 11. If either party to this Agreement resorts to a lawsuit or othcr Icgal action pursuant to the provisions or the Divorce Code or othcrwise shall enforce the provision or this Agrcement, the successful party shall be cntitlcd to rccover his or hcr rcasonable attorney lecs, actually incurred, from the other as party of the judgment entcrcd in such legal action, whethcr in law, in cquity, pursuant to the provisions or the Divorcc Code or othcrwise as the same shall be detcrmincd by the Court. 12. The partics do hercby warrant, rcprcscnt and dcclarc and do acknowledge and agrce that each is and has been fully and completely inrormed of and is familiar with and is cognizant orthe wealth, rcal and/or personal propcrty, cstate and asscts, earnings and income or the othcr and that each has made a full and complete disclosure to thc other of his or hcr entire assets and Iiabilitics and any further enumeration or statcment thcrcorin this Agrccment is specifically waived. 13. This Agreement constitutcs the cntire understanding of the parties. Therc are no covenants, conditions, rcprescntations or agrccmcnts, writtcn or oral, of any nature whatsoevcr, other than those herein contained. 14. This Agrccment is subjcct to modification only by a subsequcnt legal writing signed by both parties. It shall be eonstrucd according to thc laws or the Commonwealth of Pennsylvania. 6 "A ('0' ir: (0: F: i..~ 6~1\:' \~:'. <=i: . (> ~' (::-1 \.W ' ...1\ (,. I \.... l,l r~, ~ -/.""- >-- .~ Ii -.....J ~ ~ '- '" u --J t-- ~1 -...J --.J ~ ~ (J' '" '- 5!; - ~ \.i....... <J) ~ ~ ... - r:f. r(, .." tJ ~ , ~ \} . - ,:.j () ~ ~ ~ r\) ; .~, ~ , d \) 11 :tj .- \J ~r.t ~ ~ .J ('VJ - t;;.dC( ':',. -- 'IS ; 'b,- I>,- -' r- (..... I I I ~ ~ g III I I : I u< o ~ ~ "'>< Z I 0 I <>:...:ll '" ~ " Z~ Z I ~.as ~ < :<: I H I Oz ~ t.J 0 _ 00< :<: tiI..., I 0 I >0 SQ2~~ :<:OH tiI.... lIlC I I HH I OE-< ~ < ... r5Uz lIl.... tilra I Z I ZU 5 ~ '" ~ UO:; tiI.... tiI'O I H I Z ~ tiI..., . :':c I H< ",Z...:l :.: C > QI I E-> .... ..... I Z I ~ !ll . ra E-< QI I H lJlH ...:llll I 0 E-<<>:Z ...:l.... ZC I .0: I lJl;:; a:tilZ '" I ...:l I ....u Oaltil .0: .0: I '" 0:1:", Z H I :;: I uS H <>: I 0 I E-< al I U I I "'", I I I :Co I I E-< I I Z H . . . 9. The plaintiff has been a:lvised a the availability a cxx.nseIirg crd that she may have the rig1 to req..est that the aut require the paties to paticipate in cxx.nseIirg. WHEREFORE, Plaintiff respectfully reqJeSls this Honorable Cout to enter a decree in cflVOO)3. COUNT II-EQUITABLE DISlRlBUTlON 10. Plaintiff hereby irroporates by lefeence paagI~ 1 tiYoI..Q19 above. 11. The paties have acq.Jired real estate, personal pi q:>erty, irdLKlirg a.Jtarobiles, boats, t:ai< 0CC0lllls crd other items a miscella1eous pItlpeIty ciJirg the CXllI'Se a their nmiage, some a v.tlk:h is rmilaI pI~ WHEREFORE, Plaintiff respectfully req IeSls this Honorable Cout to enter a decree v.tlk:h eIfeds en l3qJilabIe cflSlribulion a maital property. COUNT 11I- CUSTODY 12 Plaintiff hereby il"l:XlrpO"ales by I dto ence paagI ~ 1 tiYoI..Q111 above. 13. The paties have ere mira child a their nmiage, Derek B. Keesenm, bcm Jcn.ay 16, 1991. WHEREFORE, Plaintiff respectfully reqJeSls that this Honorable Cout enter a decree relative to the 0JSI0dy a the paties' child. RespedftJlly Slbnilled, oae:-'1i tg I 1ft41. 1f!:ittf k/- M Sd1erer, EsqJire I.D. #61974 17 'Ne& South Street Calisle, PemsyIva1ia 17013 (717)2490073 mas.dr~.oom :>. 01 '~ 0; c r.. ~ ::?: ~Iq c; ~~~S .:Is .- fE' . . ;;;;:' gf :c:E '~-);;:J lIJ:i. CO :;>[5 , , .J."':, 6::",' -. ':.<.' r-:: ~:: ..~Il '-J -., ~~:1a.. 1:5 ~ ~ (J ir 0\ (.: .- c .~ ~ c; 'i 0 7...-r, "S'.' ,.~ '-b ,- ~) ri' f'- . ::;; .-~. j~ 4.3_ g- .: ':" C. CO - 'j., { : ',-.. ~~. I ..!~:; '.1...'. U:;'L "'- .=-'111 ::.1 a.. r.::: -l -, U, a:l ::; 0 0" U ">- CO. '- ,-.. ~':.: '"". I.;.;:" S :':j,"'''- 1.'.11 C. ,. '., L: ~. . . . .. ,. . (,-':: ,.,..) './ (~) ~ . C" . l~.; "- . J G:': C_ 1.'.J ; !...... r: u.. -.; l'. r.- G U ", . >. co C lr; - ,'"S :.~ ,. ,c~ 8 ,0' ( ) '. -. f_~,~ ( .. '., r. c; ~ ~) " :~\ '" n" ''"'J , " .; , t..; .. ; ~~i- II. " , f~ .:, U c.:~ U ,,~ ~~ ,p ',. 1~~ f.. ("". , ., .. I " rtl ,. "'I ~ ul.~ r." ; y (,.! ~ lXl \~. " . , .l, ..... Cij~:_.~l C.1\ '. f \.111. ~ .~ ;d ~l', - . ;,. ~ ~ i-*: -- _M L~ - ,- ,., U 0', 0 q '" ~ & 1= Ul - Z I ;;: ZE-- ;l!;0< < -0 tC f<.Z> WIll I I ~ ;;: W.., Q I-- ~ c:: ~c:: I 0<<1 U' J: < E-<ll:Ul ..... > I E- c 1 z: uO Z < I < I II-< ~ 05 z: U 0-1 I ~ t: I-< I-< I I'Q " wf<. E-< ll: I 0 I III r: ;< ~o al I '" I Z ...., ~ I C2 .. ~ I I-< .1-< - E-< I 0: I I 0 b i2 Z I Ul Z :5 I-< I I I I I 4, The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected, 5, Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party, 6, Any modification or waiver of any of any the provision of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order, 8, The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other, 9. The parties acknowledge that each have read and understood the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that is not the result of any undue influence or duress,