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Home My WebLink About01-2488 FX ,.'" . ,,( '<-~. ~, - - - '~ _-"__- ..',00_,._._ - " '_~ ',_ -_'_"_"~~_P"M' ~,_,,~,,;,,_ ',:'1~':l'b-,,-;(,)-~;g- ;-,,~ - -}r~ . . EARL 1. KECK, JR., Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CNIL ACTION - LAW ; NO.OJ ~ ;).,4P? : IN DNORCE CIVIL TERM v. DEBRA A. KECK, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 the 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 -" I~ - -<',,^,,'- ~- <, - , >' - '.J ' -:__, C :,~; , -", ,-, , ,-,' , r _, ~ _" '_ :__:,>c-'r,,~ :;:~"'>__,'::::' ~, -""" ,-,-,"~j.,'~",;;..;-"~~.~,, -, I \- ~) EARL J. KECK, JR., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA : CIVIL ACTION - LAW : NO. 0/- ;L'/'tfi : IN DIVORCE CML TERM v. DEBRA A. KECK, COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Earl J. Keck, Jr., an adult individual currently residing at 125 Clay Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Debra A. Keck, an adult individual currently residing at 7176 Veterans Way, Ickesburg, Perry County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 24, 1974, in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of connseling and the right to request that the Court require the parties to participate in connseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 'jj _ '-e- I - .",---' - ,-,. "",.. ;"'.-",j-'- ,_.____ ,~ '-. ,-~,.-' '",'_r~_ ,. :,,/1;,,'''' ""--<' ",..- " '---'---;--, " ..[~"~{; , . 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days frorn the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II - ADULTERY II. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed adultery by having sexual relations with another individual contrary to her wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). Respectfully submitted, MU:s1uj: Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 j _l_ ~ . ,,_ _ ."" " -"~ - , "~--- , ~---, , -'~'_"- .d';'" . -,,--. ::'t.~,:,:.,,- ,.,; - l~~,;~::::';;:,;~ :,j;' ~~ ; -';.:-('~ai . VERlFICATIQN I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: IJ-;it, -0/ ~.9iJ{1~ 11&(\ l@Y-ID-"'--''-~;~;~~~ -ilfiit- '--~'""'r;flIlfi:~i:~;~Jjj;~i~~,imitffi~~~'-" '-:JbC&L ~ ~. . f[( 'lq. -... !11 .~ g~ {J ~ ~ ~ . 6 - ~ ~ ~ I ~ ;r:~ ~ --t- - ~,,_<.< _v "" _ '~_""" ~_ _ ,...,. ~. .'.'.',. ,n " ".'''. J _ ~_ , , o c <" -0 CD m[T; Z:JJ zr (f) ):-. -<7 r:C~" :><: ' >'0 Zc:5 ;PC Z ~ ',' ,_,t...'" .~, :1 I I :1 :1 , o Q " :J> -U ;Q I'.:l -.J ---I .. ---.on ,,;ce"g :"-;>;(:3 ~~(~ ~ -,- -y, """'-> ~~f5 (5rT~ -, ~ ~, :1:.: r:? w \0 ~ - " -~ .' i h _ , ,_~ :ailhlil~J')j EARL 1. KECK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~3301 (c) ofthe Divorce Code was filed on April 27,2001, and served on April 30, 2001. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN F ALSlFICATION TO AUTHORITIES. DATE: __Ud~?L~ a.& rJJ(~a, EARL J. KECK, JR., Plaipfiff ~''''''1i'i>--'" ~ ~tt1t~I\M<!1i\\~:m-MJ1~filr1..tl ~"'~~!lii'~1(':";lJj':;;0:"!'k~'-,/<~C1~"!f,M;t-;:rer~ii 1 ~-- ~, .1 ~_, ,~__ - " ~_v. ~. ."_ .,." _ " - _.""" ---"'-'\illriliWl-t -~-~-"- . -<_lilL~ (') C':: ~-- fI?{$ ~I" ~:Z:-i <r-~ 0")2';>;. :<-. r-',~' ~'....--; ....~{::; .fS(~" ,];J..'_' c: ~ -'"," "~"'~-,,, J <::> I\,) g -f I\,) .;:- (:) -" -tJ ::J: :'[1 ;::d::tJ '(-' -s;,rn ",,0 .--, -l ""iO ~;;;f}' On? fi -< ~~ '" (::J ,--~ ,~ ," i I .l1iiC""'--~ ~. ,- O-~!ll!t.L'.~ , EARL J. KECK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT I. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on April 27,2001, and served on April 30, 2001. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA VIr ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /2L I id- DOORA A. KECK, Defendant DATE: O~ 6,:.7oc2- / i~~i!,,:sro:W~,,;},'?:;-:' "-c.-;'>'" ,,;;;:l,,-:"i;~S:>'- ,j,~~-'ii."t'^~ ",,,,:-y;, ";]_,-,Y'-';,":_'5,,"'-" . ,~ . ~~ "d.;;''''~$,.,~~u~~..~;,m&j\'i\f~'ili!~K~iMil,jJ'il!:r'ii'j'~ll'''j~ki'~,'IiI:~ W!,= --,. I. ~-,."-, ~ () C -':" LiF-.~." fT;' i~' ~,. <0' -'j -, I' 1.: !' f CJ r,...... ::::-; '"', ,,-) 0:) ..,,~, ~.~. :'\5 -. -;:} 22 :,,) '0 -,"'",.-"'"",""""" ), - ~ ..- - ,-- - ~_:. (--~ - , EARL J. KECK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: to l~~ [IV (;!$'~kf1 EARL J. K, J ., Plainti ~~"i~~1!'Jt-t;:~~f;;!og,t~""J,~~'Wit4t<'j~,,,.,<;t,j@,,"!lf-f'ifll~MG,,,~j,j~j,V ~~". ,~ ~~, =,~ ',."';~" ""'-"'b'''''B;;."""",-\\,':"-'';:;~-,;$1fA;j;;9\j~:ij.ilt "J~~, _,,_ .ill:ill!2ii!-~~,~iI1MM:il;;jl1:~Il!!mIl<:Bl ,~, " ~-, , ~ 8 $.'" ua:~ 111 rf: ~s~J r';;;; <:' \~.,. " d.;;\o-o ;?;c.... Pc ~ t;o:' l'o.) <::> "i': I C) ''0 C;:) C? -f I\,) ~" o '''-q "," _:1: c" -n "r- -''::'1f" -=-~l'"::1 ',=) I ---10 -~-;:: ::::J '~J II 7C) OITl ?i5 -< ""1:] .::;.:;: _...~~~ - ~~ . ~ " ~ , ~_ I ^ -, -'-' '-"-- '. ~1i]If>llilll.m~ii' , .. , I . .. EARL 1. KECK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRy.oF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE:a~ 1.7. :2002- / !2L j jJ . , DEBRA A. KECK, Defendant ".,,',,,:'0 ,,,;,_'i'dk._H-i"_"k-~,~;_,..1'J.'*",,^"'I.i<lj~!mil%'~~~,,,,,,,r,",,"l;~~@!~'il'i'iiilMl\lJaliiiitl!!iJ$C:ii1i:_':: ~ 4 J! , (') c: ;:;- '"'Of,; 111',", .:;;:.:[,!-i ~r ~'--' 20 ~c:) r oS ""- ::;:i , i>? c..) Co -g-* c:; f'-.,.J :::;, nl co C;:) ""'tJ 3C -:;--1-, i~5 ;~,:~ =-;} .:D -<( 'I" I'; :-': ji I': r: I , ',j , 'j 1:; I: !, ,,, -, ""~- , ---I ~, -;. - - , r.-'" ''', ,__ i;"," 0-_,,;,_ "~ .- ~'l \ ~,~ EARL 1. KECK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 8th day of May, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that a true and attested copy of a Complaint in Divorce was sent to the Defendant, Debra A. Keck, at 7176 Veterans Way, Ickesburg, PA 17037, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on April 30, 200 I. .~~ 7fI~ Marylou M s, EsqUIre Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subsc~d to before me this 9; day of Cc ,2001 \. i /<IO!IirilllSeal K~rlsil J. LetllI'IIIIl. Notary Public I r)orUslfi Btlfil,llUmb8IIanil Counly .. M\,';On1ml~Slllft l!llplres Aug. 25, '2003 '. ; ~ ENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete Item' 4 if Restr[cted Delivery is desired. -. Print your name and address on the reverse 'so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front jf space permits. '~icl~~;;~O' ~ ${c lL ~ 11 U' \Jt-kI'CAV\S W(~"\ \ l \U S $\NTJ I \> A \ 1 D"?;'1 2. Arj.!sjle Number (Cpp. r from. servIce lab~ _ {6 0;0 ,owLb, cp2~ ( PS Form 3811 , July i SSS {!.... Received by (please Print Clearly) lJ~byq t.\ .l<" <.lI. 02/ D. Isd~livery address different from Item 1? If YES, enter dellvelY address below: D_Agent o Addressee CJYes DNa ,,1,'5l~'56~'1 Domestic ~turn Receipt 102'595-OQ.M.0952 ,---.-...... "'....- - ______n____ " ~i(w'tJ~]j>:km~~m~~~~i.t~~~_,iislit~""'- ',-" ~__'''=''''!L___~,' ~_'''~_'''V' ~ , ~~-~- ." " '" lliiiar t) or:;;; "'7:..", r-;{t6 /flW t'--,< .~C~: ~,"....., ~("-..:J -<..:. -) .S; ::3 " " ,.... ~ :;? -.;;.. ..... " ':..'7 ." '1 .' ~, r-, .::::: ,~ -;:.":;0 -", --; >-,- 1../::;:: ;'}!":;") '-)_.2." '::'F.' :::_!:..,J c),~{i }.,,'( :;0' ~.. , ~t~ I' '~~~' ~ il .. -, : t,_' ~' , .-, .. , ,} I > EARL J. KECK, JR. v. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 01-2488 CIVIL TERM. DEBRA A. KECK IN DIVORCE INVENTORY OF DEBRA A. KECK Defcndant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defcndant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalities of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. OLlu Debra A. Keck MARITAL PROPERTY 1. Real Property 7176 Veterans Way, Ickesburg, Saville Township Perry County, P A, 17037 titled in Earl J. Keck, Jr. and Debra A. Keck Deed Book 1312, Page 255 - 10/26/00 250,000.00 123 Clay Road, Carlisle, West Pennsboro Township P A, 17013 - Titled in EarlJ. Keck, Jr. and Debra A. Keck Lot and mobile home - Deed Book "D" , Vol. 31 Page 736 - 3/15/85 150,000.00 125 Clay Road, Carlisle, West Pennsboro Township P A, 17013 - Titled in Earl 1. Keck, Jr. and Debra A. Keck House and garage - Deed Book "X", Vol. 26 Page 324 - 9/24/84 68,000.00 2. Business Ickesburg Pro Hardware & Grocery P.O. Box 210, Ickesburg, PA, 17037 50,000-100,000.00 -,," , , . 3. Motor Vehicles 1950 Buick - Husband 1971 VW - Wife 1978 Chevette - Joint 1989 Jeep - Joint 2000 Impala - Wife (leased in joint name) 1991 Capri - Husband 4. Checking/Savings Accounts PNC Bank . Orrstown Bank First National of Mifflin town M & T Bank 40 I K Account 5. Household furnishings and personalty Upstairs bedroom #1 Daybed Oak stand Antique desk Rocking chair Stand Candle and stand Boyd's bears Candle light Stuffed animals Knick knacks Upstairs bedroom #2 Oak antique bed and dresser Antique washstand Antique glass front cabinet Antique sugar and creamers approximately 50 sets Antique oak stackable bookshelves Approx. 20 dolls Old pictures Oak treadle sewing machine Antique rocking chair Old hats - approx. 20 Old stove Beanie babies Bed clothes Antique pitcher and basin Jewel box -', ~ " 3,000.00 5,000.00 500.00 3,500.00 15,000.00 4,000.00 70,000.00 200.00 90.00 800.00 150.00 20.00 150.00 300.00 80.00 200.00 50.00 250.00 200.00 600.00-800.00 1,000.00 200.00-500.00 200.00 150.00 150.00 200.00 30.00 100.00 200.00 350.00 30.00 " 1IIl"' ','~ ,,~ ~', ,. '......~- Garage Flea market items Lawn chairs Shop vac Car cleaning items Oil, antifreeze, etc. Cupboards Bookshelf Antique washstand Old drop leaf stand Old paper rack Flip stand Shelves Cupboard Central vac Antique trunk Upstairs garage Christmas items Dishes 2 trunks Hess trucks Antique oak pottie Kids riding toys Barn Tools Upstairs Barn Antique com sheller Antique shaker Riding mower Riding mower Snowblower Snowblade Antique oak table Candy machines Camper - located at Veterans Way 1_' . .. 1,500.00 200.00 100.00 150.00 150.00 150.00 50.00 250.00 25.00 45.00 45.00 50.00 25.00 1,200.00 150.00 200.00 100.00 100.00 500.00 150.00 100.00 5,000.00 150.00 150.00 150.00 1,000.00 800.00 100.00 150.00 500.00 1,500.00 I ~~- ...~~, - I. _ , ,,' . :Jf- ~ < . ~ .. LIABILITIES Mortgages Perry County Bank of Landisburg - $250,000 - October 26, 2000, Mtg. Book 1312, page 258 Cumberland County 11129/95 - Mtg. Book 1293, page 662 4/3/96 - Mtg. Book 1311, page 945 12/30/99 - Mtg. Book 1589, page 906 10/31100 - Mtg. Book 1648, page 766 Financing Statement dated 10/26/00, equipment - Perry County Fashion Bug - Visa 4149-1701-7354-9549 MBNA 4264-2936-2033-9980 Capital One 781260-18688353986 LeaseComm 22787998 2,206.36 5,227.62 15,756.88 3,000.00 rances H. Del Duca, Esquire, Attorney for Plaintiff 10 West High St. Carlisle, P A 17013 DATED: May 14, 2001 ,'~ ,< :"', .. - - ,~ . d "' .f . , " . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of Inventory of Debra A. Keck was served by depositing same in the United States Mail, first class, postage prepaid from Carlisle, Pennsylvania on the ,7~ay of May, 2001, addressed as follows: Marylou Matas, Esq. Griffie & Associates 200 No. Hanover Street Carlisle, P A 17013 ~ ri#;2/~ rances H. Del Duca 10 West High St. Carlisle, PA 17013 Dated: May ZYsf, 2001 JJJ- ~~'ifii~"4:M~""i"-'" "!~~m,,)hfih,';;'~~~,;;,-~_~>'-i-'%>~"idjb~_~iJj~'1 l"""'"'''''''~-.'-' ",' , - ~" 1 ~~ '111"""" ~"'l!l!liitlii ':J:~j!ftj" ,,- ! , . 0 ~-- .:; ~1 c:~ ~ c.; [! --'" rn rr-, ~'.::;-" ;;: -< C' ...-:::~ >-~ ;"',,) i-:~ 0) N \-') ~f:~- I :::;.. (~) -' .-..,-,. -ri ~-'. (') ~C') , () p""'" is i= en Z --< :< t::" )> {::> ::0 -< ~ ,-_:r"""""'-~ -4 .. EARL J. KECK, JR. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 01-2488 CIVIL TERM v. DEBRA A. KECK IN DIVORCE COUNTERCLAIM Defendant/counter-plaintiff avers, by way of counterclaim COUNT I - EQUITABLE DISTRIBUTION 1. Plaintiff Earl J. Keck, Jr. and defendant counter-plaintiff Debra A. Keck are the owners of real estate and other items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by this court. 2. Defendantlcounter-plaintiffDebra A. Keck requests this Honorable Court to equitably divide all marital property of the parties. ANSWER TO COUNT II OF DIVORCE COMPLAINT 12. Defendant/counter-plaintiff Debra A. Keck denies marital misconduct during the marriage. ~ J!dfl2/,~ Frances H. Del Duca 10 West High St. Carlisle, PA 17013 Mayt, 2001 _"I,] ,'- ," llfi ,. _,-_1_=-- -~~ " 1.1 , 'r ~ :;; - or ... 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: 070/';"0(// oJ-- j j;d ~~~ . ~_. , jJ . ,~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of Counterclaim in the foregoing matter was served by depositing same in the United States Mail, first class, postage prepaid from Carlisle, Pennsylvania on the 4th day of May, 2001, addressed as follows: Marylou Matas, Esq. Griffie & Associates 200 No. Hanover Street Carlisle, P A 17013 Frances H. Del Duca 10WestHighSt. Carlisle, P A 17013 Dated: May 4,2001 ~' f~ " jU , ~ "- .... l:'oo<;t -.c> ,"J,~" ^, ,~,,,". C'Ylr '~'ff!J"" , - ':' - '~- '~:it~jlllNi.;l';~'\'5""..~"t~~H,\\>:iH~i;1Jrt .----",'- '~AI~Jj1i!Og[jj _ ~M'~ij~ c' , ,.,"",'"~" Y,',C<,."" '. "n' ~,~ ~ ~ _, ~__,," -, "'""'"",,1',,"-''''..,, ~,''''''~'' 'C ' -,,-";1<' ~~-. .,'~<<<--'".,~I'~-'~,,,,,,,,,, ,C:'kirk '"' ,~-- - --~ ,'~ ",;~~".;"..i.L..;.,i,,~,<, .r ,~ ~<~<~_""""~'''__''_ = .'[' - (') 0 C> c: -Ii: $: :ll: --1 "1:'Jrcj :Do -~:; :u nli'T', -< ',- "?~, ZC' I !.TI Co "'~~:- ~ l'.ri -<"" ~~ ~Cj ::? 3=0 -"';. ry ":n_;." >U "')' " c: ::., 2 :,) :;r> -< ::0 -< -...J -< -" -- f I [- ;b ~ Q\ E t f? ~ ~ f!' - ~ >.~ J > ,~' _. " 1, J'i "il" "'t -OJ ,..' "',' ,10 " ,. EARL J. KECK, JR. v, " IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 01-2488 CIVIL DEBRA A. KECK IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Earl J, Keck, Jr., (hereinafter referred to as "Participant"), and Debra A. Keck, (hereinafter referred to as "Spouse or Alternate Payee"), have entered into a comprehensive Stipulation and Agreement ("Agreement") dated the 24th day of January, 2002; and WHEREAS, as part of the settlement agreement Participant agrees that the Spouse shall receive a portion of his Carlisle Corporation Employee Incentive Savings Plan that was earned during the parties' marriage; and WHEREAS, counsel for Participant and counsel for Spouse have acknowledged that this Qualified Domestic Relations Order is being made pursuant to the Domestic Relations Code of the Commonwealth of Pennsylvania and the Pennsylvania Rules of Civil Procedure as they relate to the provisions being made by the Spouse relating to her marital property rights; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order, as defined in Section 4l4(P)(1) of the Internal Revenue Code of 1986 and the provisions hereof shall be administered and interpreted in conformity with the Code. Pursuant to Section 414(p )(2) of the Code, the following facts are hereby specified: rot )( -,.... r -1", " 1,1 '" "" J'''__ ~" '_,~ ( .. '. ,.. , 1. The Act'to which this Order applies is Section 206( d) of the Employment Retirement Income Security Act of 1974 (ERISA) and Section 414(p)(a)(iii) of the Internal Revenue Code. 2. The name of the Participant is Earl J. Keck, Jr., whose current mailing address is 125 Clay Road, Carlisle, Pennsylvania, 17013, and whose social security number is 191-42-7887. 3. The name and address of the alternate payee (Spouse) is Debra A. Keck, whose current mailing address is P.O. Box 412, Ickesburg, PA, 17037, and whose social security number is 189-50-6489. 4. With regard to the right of Spouse to receive benefits payable to Participant pursuant to this Carlisle Corporation Employee Incentive Plan, Spouse shall receive Forty-five Thousand Dollars ($45,000.) of the marital portion of Carlisle Corporation Employee Incentive Savings Plan. "Marital portion" shall be defined Forty- five Thousand Dollars ($45,000.) of the vested portion ofthe account as of December 31, 2001, taken proportionately from each investment fund with gains or losses to the actual date of distribution. 5. It is intended by the parties that this Order shall qualify the Alternate Payee, Debra A. Keck, pursuant to the retirement Equity Act of 1984, to receive the aforementioned sum from the aforementioned member's/participant's Carlisle Corporation Employee Incentive Savings Plan benefits, and that this Order shall be administered in conformity with such act, and the terms of such fund and such plan. 6. It is intended by the parties that if member/participant Earl J. Keck, Jr., at any time borrows any sums whatsoever from the Carlisle Corporation Employee Incentive Plan and fails to repay any of said sums to said Carlisle Corporation Employee C}!#j. .i < I,,;" , ~1. , .t'~" . -', ;; , ... , , ,,' )> . Incentive Savings Plan pnor to the time it is necessary to make distribution of alternate/payee's portion to Debra A. Keck that the Plan Administrator for the Carlisle Corporation Employee Incentive Savings Plan distribute the full amount that alternate/payee, Debra A. Keck would have received had Earl 1. Keck, Jr. not borrowed any sums from said Carlisle Corporation Employee Incentive Savings Plan. a. The identification of the member/participant is: Earl 1. Keck, Jr. 123 Clay Road Carlisle, P A 17013 SSN 191-42-7887 b. The identification ofthe alternate payee is: Debra A. Keck P.O. Box 210 Ickesburg, P A 17037 SSN 189-50-6489 c. Date of Marriage: Date of Separation: August 24, 1974 April 2001 d. Marital portion: Forty-five Thousand Dollars ($45,000) of the vested account balance of $77,724 as of 12/31/01 7. Distribution to the alternate payee shall be made at the earliest time permitted under the terms of the member's/participant's Carlisle Corporation Employee Incentive Savings Plan. 8. The Court shall retain jurisdiction of the parties and the subject matter until this Order is accepted and approved as a Qualified Domestic Relations Order by the plan administrator pursuant to the provisions of Section 206 (d) of the Employment Retirement Income Security Act of 1974 (ERISA) and Section 414 (P) (a) (ii) of the Internal Revenue Code. No amendment of this Order shall require the plan or plan t'(k , =- ~ ~~ -- ,;J,,- Jo.-" ~~';"-L;'" ""J' . '. ~ , , .. '. .. . administrator to provide any form of benefit or option to the alternate payee pursuant to the terms of the plan. 9. That nothing in this Order requires and the Order shall not be construed to reqUIre: a. Carlisle Corporation Employee Incentive Savings Plan to provide any type or form of benefit or any option not otherwise provided under the Carlisle Corporation Employee Incentive Savings Plan; b. No other QDRO except this QDRO exists at this time. 10. Other provisions which may.be considered in addition to the above: a. That these benefits are in the nature of property and not in the nature of maintenance. b. This QDRO may be modified if it is determined by the plan administrator for the member's/participant's Carlisle Corporation Incentive Savings Plan that this QD~ to be amended. / YTHE If/30/0-:L The parties hereby acknowledge their receipt, review and approval of the within / Qualified Domestic Relations Order and, further, request the Court of Common Pleas of Cumberland County enter this Order upon receipt and review. ~~a*~ c:::pg~JY- 4L J .lJ Debra A. Keck /~ 3/- cJ;2 Date ~llaf~ Frances H. Del Duca, Esq. /-;2c/-Ct~ Date ~ ~~~~~<1J!!~;\"~1:,f,~iI?j.!-i!,iM,4i~~~~M'Jil!f;il~@~~!Jo~.t'~"!U . '\..i;h :\-'t\';} ~t\!I"~-~r-l II d ~ ], ' ,\'." ,- ,,) II"n~'" ,'" """"'10'" f\...d\,I\J) ',' " -" F,_, \. i0 ~ 1")'111\: (',f: (j '1, ; ":. '~ __ Iq\-ll(':i',,::"':>, !" <~ Iv__",' ...._, I," ,.- " 7fl :~.JJ "I, ~-') ,,-I~~ . ... ':.' d~-..I:i_' . ... -- ~, .,." ," ." " ',", . l~" , \ 0 C.J () C 1'0 -n -' :'-~~ -~'l ,) en -~ , " """ 92 ~~~j :;.,::) N " '''I 7~:;_ e, -0 (fJ W _:} '~~J; -< r:: ""- ---Z) -;,. > -'-,;' ;' , c' C) 2; C;: r ~5 ;-"'Ci > " ---( "- :;:,y )> :2 ::D co -< ~ tv;,. ~6 ;t;- : f?1~ ;tw f11~; r%. <f/3o/0~ ~~~3~i)&~, ~. 'f/30/();J.. ..!,.1". -~. ,,',,""''''' ~".~, ~~-" -,^,," ~,~ '"~l ~ . . " '~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,Eqr) ~. )<'ec.~ ~... Plaintiff Vs File No. D I - 2-Y ~'8' IN DIVORCE D...\''t'CI 1\. K",-,,-K Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated } 2. - 2b -(5 2. , hereby elects to resume the prior surname of , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P .S. 704. Date: /1/1<(/0-;; /)~ ;( 4;rL / I . Signature .OL L..-LJaL- Signature of name being resumed COMMONWE~TH OF PENNSYLVANIA) COUNTY OF t/.., "'1 k>I rlPI hi On the J~ay of N OV'-unhL.r ,2003, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. r J~: Q .l6ndniJd/ NOTARIAL SEAL CLAUDIA A. BREWBAKER. NOTARY PUBLIC Carlisle Bore. Cumllerland County My Commission ExpireS April 4. 2005 Nqtary Public ~~~"J1I<l,!M:ilJi,&~l\i~ljj~f.J'&B~jH~"-'!&'d;,;1:,1:Jr1-'io--;~,-j;~~._",,,",,~<'-'!'-."',o",'..;.:Lc_,rl";;'i_,I{-;~.l~"j,llil'~~1~~'-<---'" :"'fl111kl.iliL -ll!.~.Il!l -', 0 0 ,-, C C0 v -~ -n Ll ~.,.-- ~ 92~j~ 0 <: F Zr- ~ (jj ,,1 -;Jri ~2:~ -,. ":'~I ~ -AJ ~C' ,) f;~~' :::i:; ~ ;;;C' r:-? (\ C (Jlt. :J 2; :..:> s;! ~ ~ -(' '0 :;0 -< '( V\ " ~ \ c--' r' J" ,-, .. ","V ,~ ~,=P''''~ ,''''_~_" _, ~ ", ,,<,~ ,,<~~ <(; ~ -~==. =-,-- "~~- ~ ". 'J "~;(;llt,,~~.,j,,~' EARL J. KECK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEBRA A. KECK, Defendant : NO. 01-2488 CIVIL TERM : 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 ~3301(c) 33(,)I(a)(I) eftlie DiYElFGe Coae. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified Mail, Restricted Delivery on April 30,2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: by Plaintiff: October 23, 2002 by Defendant: December 6, 2002 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: October 24, 2002 Date defendant's Waiver of Notice III 93301 (c) Divorce was filed with the Prothonotary: December 18, 2002 Mary atas, Esquire GRIFFI & ASSOCIATES Attorney for Plaintiff "...._"P ;+-",),hi,~)1'ur,"",'!i0#i.l!o;;,i"!'if.l;~~"ib,'_~'r ,'4: ,;,:'r'~-"1-'''' ',"':'h>,;;t'~"l,W:mtll~~~iNa~'~:lX')J;#m!@li~WlLf!ijmD\'d~ ~=,~~ ~. ~ " " = ,'~ _~,'~, ," ,_~,_, - ..,,1"""'-""" C) C <" ""ocr rnr-' ~::'J t~-" r:::C )CO,. 1~g~ -~ ".L,'_ - ~'.. , > ~" - ',~ " ,. Cl r...;;. o ;'..-, n !',) <0.,: G) ::> co i: o -----;--, . " ',~~ , ,::) '. h~< '<fJ"~' ,.. - _ O~ J.J =" . . ~ >- >1:, '. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this / b'iei day of j;e Q..e.iYI helt_ ... , 2002, by and between EARL J. KECK, JR., of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND DEBRA A. KECK, of Ickesburg, Perry County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on August 24,1974, in Mt. Holly Springs, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences; after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: -- Page 1 of 17-- ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that. the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purp:ose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. -- Page 2 of 17-- ~""~I""".~ - ,- :1 ~'..g 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. -- Page 3 of 17-~ .. ~~ - - - : ~ '-,'- ~ '. _'., "'.... 11l:^ 3.2 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 marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 PersonalProDertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for allY other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 SubseQuentlv Acquired ProDertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Profit-Sharinll. Husband is a participant in a 40l(k) account with Carlisle Tire and Wheel. The parties acknowledge that this account is marital property. The parties previously agreed to and executed a comprehensive Stipulation and Agreement distributing the marital portion of this account under the terms of the Qualified Domestic Relations Order (QDRO) dated April 30, 2002, which is attached hereto and incorporated herein by reference as Exhibit "A." Wife received FORTY-FIVE THOUSAND AND XX/100 ($45,000.00) DOLLARS of the marital portion of that account as identified in said QDRO. -- Page 4 of 17-- ,,,............,,..,...,-= ~- "=. ~ <'~ - " , . ....~. ~~~~-jj Husband does not own nor have an interest in any other pension, retirement account profit-sharing account, or 40 I (k) as of the date of separation. Except as otherwise hereinbefore provided, Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1978 Chevrolet Chevette, 1991 Mercury Capri, a 1950 Buick, and a 1989 Jeep Camanche. If it is discovered that any of the aforesaid vehicles are titled in Wife's name or the parties' names jointly, Wife shall execute the title of the vehicle with in fifteen (15) days of being requested to do so by Husband or Husband's legal counsel to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of the parties' camper and 1970 Volkswagen which was originally title in Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Wife retained sole and exclusive ownership and possession of the parties' 2000 Chevrolet Impala which was subject to a lease contract with GMAC Smart Lease. Since the date of separation, Wife has returned the vehicle to the aforesaid lease company. -- Page 5 of 17-- ;'''' <-,~ ,; , <l..c_ ."W~kt " 3.8 lntamdble Personal ProDertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. At the time of separation, the parties were joint owners of real estate located at 125 Clay Road, Carlisle, Cumberland County, Pennsylvania. That property was encumbered with a first mortgage due and owing to Manhattan Mortgage Company, a home equity account and a second mortgage due and owing to The Bank of Landisburg. At the time of separation, the parties were the joint owners of real estate located at 123 Clay Road, Carlisle, Cumberland County, Pennsylvania. This property was encumbered with a mortgage due and owing to PNC Bank and a second mortgage due and owing to the Bank of Landisburg. The aforesaid properties have been sold and the aforesaid mortgages have been satisfied from the sale of the properties. The parties further acknowledge that any amounts received from the sale of the aforesaid properties in excess of the mortgage satisfaction has been applied toward the parties' other joint debts in accordance with the parties' Stipulation and Agreement signed on January 31, 2002, which is attached hereto and incorporated herein by reference as Exhibit "B." The parties were the joint owners of real estate located at 7176 Veterans Way, Ickesburg, Perry County, Pennsylvania. This property has a mortgage due and owing to the Bank of Landisburg and a Security Agreement due and owing to Glenn Shaeffer. Upon presentation to Wife, through counsel, of a special Warranty Fee Simple Deed conveying all of her right, title and interest in the aforesaid property to Husband, Wife executed that deed which was retained by counsel in escrow until such time as Husband refinances the aforesaid mortgage and Security Agreement. Upon the refinancing of the mortgage and Security Agreement, thereby removing Wife's name as a responsible party on the loan, counsel for Husband shall immediately release -- Page 6 of 17-- ~-- ~ < ~~< .~- - l ~ "--'~ '~, " ~~ -I _'_~ " ~~~l""'""""",.,-'~, . ' the deed to Husband contemporaneously with the refinancing settlement, so as to allow for the deed to be recorded in conjunction with the recording of Husband's refinanced mortgage. Until such time as Husband's refinancing of the aforesaid mortgage and Security Agreement, he shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing under the aforesaid mortgage and Security Agreement. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid mortgage and Security Agreement. From the time of execution of this Agreement forward and upon the parties' compliance with all terms of this Agreement, Wife waives and relinquishes any and all right, title and interest in the aforesaid real estate. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liabilities due and owing to a VISA account and a line of credit with PNC Bank. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debt. The parties acknowledge that they have outstanding debts for liability due and owing to a Fashion Bug account, MBNA account, Capital One account, and a Leasecom account. From the date of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debts. This specifically includes the action initiated by Leasecom Corporation against Debra A. Keck, Wife, doing business as Ickesburg Grocery, Pro Hardware and Restaurant filed in the Commonwealth of Massachusetts, District Court, Department of the Trial Court on or about October 3, 2001. Wife specifically agrees to maintain sole and exclusive responsibility and obligation for the defense of the aforesaid action. Wife further agrees to retain sole and exclusive responsibility and obligation for any civil judgments -- Page 7 ofl7-- " " " ..... ~~i' and or liabilities that may arise from the aforesaid action in her individual name and in her name doing business as Ickesburg Grocery, Pro Hardware and Restaurant. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 3.9, and 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ART/CLE V ALIMONY. ALIMONYPENDENTE LITE. SPOUSAL SUPPORT AND MAINTENANCE 5./ The parties herein acknowledge that they have each secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station oflife in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support, or maintenance, except as otherwise provided for herein. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result -- Page 8 of17-- "'0><,, ~~~ !i ~' .""-'-'~"ll.ll~i: of any duress or undue influence, and{urther that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against 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, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or 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, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this -- Page 9 of 17-- ,,"" mj"i'L . . Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement 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. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assigmnents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. 6.9 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the -- Page 10 of 17-- ~~ ~ L ~~. _~I = , " "~ ," ~- ~~~~, failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is $pecifically understood and agreed that this Agreement con$titutes the equitable di$tribution of property, both real and personal, which was legally and beneficially acquired by HU$band and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. -- Page 11 of 17-- ~.. ~,~ _,.d~ - " I .... ~~_""'_~r":' ""'~ " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. , WITNESSED BY: ~(l7(~ ~dIflt~- J~/1I(~~ ,~g )f~ ~ / ate EARL J. cf(, JR. /2f~7 OL #: ,f;'~// /D e DEBRA A. KECK -- Page 12 of 17-- ;~~..........,-~..~~. .I , ..i-~~"h~ ...___ .1 ,_.~'-~,... *,,~~~ 0, COMMONWEALTH OF PENNSYL VANIA COUNTY OF [UvVv1Jb.e.rt~ On this 11S~ay of ~~, 2002, before me, the undersigned officer, personally appeared EARL J. KECK, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal I ,.~fta J. Lehman, Notary P, ubIic -.lIIe Boro, Cumberiand qoumy My Commission Expires Aug. 25, 2003 COMMONWEALTH OF PENNSYLVANIA , COUNTY OF On this/ & P day of ;S)~ , 2002, before me, the undersigned officer, personally appeared DEBRA A. KECK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ##!t/C!a-~ 1IICITItIJoL.... lIIUIII.-v P. Qa<IIIIlFI. tIlt1fllt'tPUIUC Cat\llll811a1W\ ~..... CDuIlIV l4JCll ',J;>- ......__1,11I04 -- Page 13 of 17-- ~~~~@#~61~ffi9t}%!~t-'-~~~~4---!-':'&~-~':'f0''''':1''!,-,(',:!'-'<i " ""j'i-','~'" ":"..!it!oii,<'":'I:'O",;,,}~,>+')'i'i;g]'M!!-,*~l~_11_'Jill-N!i~rjftt!illtll'l''-:'&::l[[;jj11'iKlJ1'' V!\!\~";"'7.,1 f 1,,- '" ..\.1..;\1 &u ;,:,: '/ ("7 I"') .~. ....'_..,i ({) ,',} )))-/,i:~',:' ~iR --'(".I ,",' .. --- ',--, o __ , "";'" [,tn' ~ " . . . IN THE-COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WAIn T URru TR , Plaintiff No. 01-2488 Civil Term VERSUS DEBRA A. EECK. Defendant DECREE IN DIVORCE AND NOW, tit cf; S5 Rt\ ~()~ IT IS ORDERED AND DECREED THAT Earl J. Keck. Jr. , PLAINTIFF, AND Debra A. Keck , 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 parties' Separation and Prooertv Settlement A~reerneTIt n~tpn nprpmner ~ 18, 2002, is incorporated herein, but not merged. . ROTHONOTARY \ J. .,' 'It .. . . . . . . . . . . . . . . . . . . . . . . . . ~)b i-> "~, i' I "i!l!I'I'I~ _ ~ ' ""--,""",~ '" - ,-~' ~ . '"-,~,--~-- ,~",,,',,,,,,, ",~- '"",=,'"",'"",--""",, ." -,~ ~ "'''' ,'..,'. ~'Sit~ii\ljr{'{'l::-' , Fit ref' ....'r'-<.;(';o ,L.".r-t.-., j 'VL..- OF T f Tt" :~~,~"~l1Tl~n~,,:(>,Tf\ , -", " 'U' .>,;; '. . j'J.Q3&J-. ~ ~ .# 4 /J1a4 /3t23 'n~ ~ ~ ~. w~ _--4" .' ~ =""""!" "'~ ~L~" JI1~~~~<N'~l1WolI~~,I~:.f'J'''''_''_''~~~,,,,. ,~!!il\';