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HomeMy WebLinkAbout01-2650 FX . , .. ;, GRACE MOTTER McKEEHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN RICHARD McKEEHAN and DONALD A. McKEEHAN, Defendants tJ/-cJWO CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TmS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the AmericlUlS with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y Oll must attend the scheduled conference or hearing. ^ c ^~ ~ '.,. ..- -"":='_'~~"O" ,0~"'"'"-,"",,<~_-r-"._,,,;~ _':_,;,_"C",_ _ "',""" ':"'~"""''''~ "~<.'_;" 1 '_0, " ","!" _', ,'0, _,-~" ,. 'T, "",_.."..~." ""."_'.1. ___,_~_, < ~,,_ "~_~ > , , '< : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GRACE MOTTER McKEEHAN, Plaintiff v. CIVIL ACTION - LAW CIVIL TERM - () I- ;( r.. 50 ~ --r ~ JOHN RICHARD McKEEHAN and DONALD A. McKEEHAN, Defendants COMPLAINT AND NOW, this 2nd day of May 2001, comes the plaintiff, GRACE MOTTER McKEEHAN, by her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, JOHN RICHARD McKEEHAN and DONALD A. McKEEHAN as follows: 1. The plaintiff, Grace Motter McKeehan, is an adult individual residing at 3208 Ritner Highway, Newville, Pennsylvania 17241. 2. The defendant, John Richard McKeehan, is an adult individual residing at 240 Mooredale Road, Carlisle, Pennsylvania 17013. 3. The defendant, Donald A. McKeehan, is an adult individual residing at 219 Mooredale Road, Carlisle, Pennsylvania 17013. 2 :; . "'~' ., - .,~ '~""-"''':'''', ~',_",_,,"~: "-_.~,,t'--C't'_ -~____~'"'''.'_ ,"- .'. ,--,-"-1.;_,,., ''-''"'5.. _"",_ ~~_"%_ - .._~ . ',' ~, -" , ,~ . . 4. The plaintiff filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County at Docket No. 97-2092 Civil Term, against the defendant, John Richard McKeehan. 5. On January II, 2000, the plaintiff and defendant, John Richard McKeehan, entered into a Marriage Settlement Agreement which provided that several farms were to be conveyed to the plaintiff in return for other property she conveyed to the defendant, John Richard McKeehan. A copy of the Agreement is set forth and attached to this Complaint and is marked as Exhibit" A". 6. As a part of the marital distribution, the plaintiff was awarded 2551 Walnut Bottom Road, Carlisle, Pennsylvania 17013, which contained a barn and several silos. The defendant, John Richard McKeehan, was to remove certain personal property and grain, but the barn and its fixtures were to remain and to be the sole property of the plaintiff. 7. On or before March 1,2000, the defendant, John Richard McKeehan, was to vacate 2551 Walnut Bottom Road and remove his personal property. (See page 13 of the Agreement set forth above.) 3 ':_y:-_,,_~=;,~,,__--c- _, ,,'.,', """""",,,~,,,,,,,,_<,,"_,,,,,_~''''~_'''_'''''. ~_" ~'"'''' _" \)._~_I,.,.,_",,_"= ~ _ _. ,_, _,,.<_,,, ,. __ _ "~___ = " . 8. On or about March 1,2000, the defendants did the following damage to the bam on the property of the plaintiff by the removal of the following equipment: a. 16 foot silomatic Gemini Ring Drive Unloader............................. $8,255.00 b. Conveyor in barn/Electrical outlet................................................. $1,900.00 c. Fifty foot silomatic cradle feeder/Base unit ................................... $3,250.00 The total cost of replacement of these items is $13,405.00 which is the estimate from Ed Heberlig Enterprises, a copy of which is attached and marked as Exhibit "B" . 9. The defendant, John Richard McKeehan, broke a door at the fannhouse and did other damage which will cost Three Hundred Fifty and no/lOO ($350.00) Dollars to repair, a copy of total repair contract from Harry Williams is attached hereto and marked as Exhibit "C". 10. The plaintiff lost rent of $350.00 for March and barn rent from March 2000 to the present at $125.00 per month from March to the present for a total of $2, 100.00. 11. The defendant, John Richard McKeehan, received a security deposit from a tenant, Roger Mohr, for Apartment Number three (3) located at 2551 Walnut Bottom Road, Carlisle, Pennsylvania 17013. The defendant has refused to turn over said security deposit to the plaintiff 4 I ,~, '.-"".,"",,' -".,,"__~"',.,~~~,~<c_""","'"'_,.",,',<, _.-.~___>._~ _ ,_\-I'="_h,O'_~_h'_.+,""_._..,,'_."'_,~"'__=_,,~,-, ".~ __, _,~ ". __ . in the amount of One Hundred Twenty Five and no/1 00 ($125.00) Dollars. Said security deposit was collected by defendant, Donald McKeehan. A copy of the receipt for the security deposit as well as the statement of the tenant is attached hereto and marked as Exhibit "D". 12. The defendants left manure, junk debris, and repair work to be completed as follows: a. Clean out feed room.................................$65.00 b. Remove manure from barn ......................472.50 c. Farmhouse repairs/cleaning .....................300.00 d. Apartment #2 (Clean and Repair) Roger W. McKeehan...................480.00 Randy L. George .........................416.00 Total/Cleaning and Repairs .............$1,733.50 Copies of the above-referenced cleaning and repair work completed are attached hereto and marked as Exhibit "E". 13. The defendants removed all the electric fuses and breaker boxes in the barn which will cost a total amount of Two Hundred Two and 41/100 ($202.41) Dollars. A copy of the estimate is attached hereto and marked as Exhibit "F". 5 i:-j'j,~~l:- ~'-'_~"_O'__,!""_~_..,.>".'r_"_.<,;;',,,,e,___ ."",!",",-' _"1_ ,_ ,,~~__,", '~,~___,'~~'_,,___ "..,_ _~,,,~_,,,, ",,< 14. Damages to the fannhouse apartment were as follows: 1. Harry R. Williams - Repairs ..............................$330.00 $380.00 - $50.00 for storm door) 2. Cleaning and repairs to apartment Sandra Moyer and Ronald J. Cru11.......................300.00 3. Cleaning and painting Randy L. George ..................................................416.00 4. Cleaning and repairs to ceiling Roger W. McKeehan............................................480.00 5. Cost of ceiling tile................................................118.40 6. Paint - Eberts..........................................................54.43 7. Paint - Kmart..........................................................15.92 8. S. Beckholt Cleaning .............................................97.50 TOTAL ............$1,862.25 15. The total damages sought by the plaintiff are Nineteen Thousand Six Hundred Eighty Three and 16/100 ($19,683.16) Dollars. 6 " > -" ~'~'''1',O.; -1"'""','\,,,,"_ -",."~__~',C""""'~_'""." /'"" . >.'c""~,-'"wL"'"'-,_1___c -,", ,. .,.,-,','_C]. . ",. ,. ',~'~ __~ .,. " 0" _, _ ,Yo, w. WHEREFORE, the plaintiff, Grace Motter McKeehan, respectfully requests that this Honorable Court enter an order against the defendants, John Richard McKeehan and Donald McKeehan, requiring them to provide the relief set forth above to said plaintiff. Respectfully submitted, By: Date: May 2,2001 7 !-q~.."l~L ,., '''''''''-~<-''__fi',cJn~-f~'Ol'_,''=},~_c,,,,,,,,,,,''':'.,,,,;"_,,_~,_-,,,,,_~ ",~I'<"'_'__'~'<_"''''''~'__-, ,_,. ,,~"'_"=^~ ". ,__ -'..-' . , , ., >.t__ .,,.,. GRACE MOTTER McKEEHAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 2092 CIVIL JOHN RICHARD McKEEHAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January ll, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. We have scheduled three days of trial in this case to address all of the issues and after considerable negotiations today, counsel have advised the Master that the parties have reached an agreement with respect to the outstanding economic issues. Present in the hearing room are the Plaintiff, Grace Motter McKeehan, and her counsel Marcus A. McKnight, III. Also with Mrs. McKeehan is her son, Roger William McKeehan. The Defendant, John Richard McKeehan, is present along with his counsel Charles Rector. Also present with Mr. McKeehan is his son, Donald McKeehan. The action was commenced by the filing of a divorce complaint on April 22, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel are going to have the parties sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today. The affidavits and waivers will be filed with the Prothonotary by the Master's office so that the divorce can be concluded under Section 3301(c) of 1 ".' I,': <e I ~ 11 . . . the Domestic Relations Code. The Plaintiff filed an amended complaint on August 25, 1997, raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. It was with respect to those economic issues that the Master scheduled hearings in this case to be conducted this week and those issues as indicated have been amicably resolved by the parties. An agreement is going to be stated on the record with respect to the resolution of the economic issues. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. After the agreement has been transcribed, the draft will be sent around to counsel to review for typographical errors and correction of typographical errors can be made, after which the parties will be asked to affix their signatures to the agreement by way of affirmation of the terms of the settlement. However, if neither of the parties sign the agreement they are still bound by the agreement as stated on the record with respect to the substantive terms, so that when the parties leave here today, irrespective of whether or not the agreement has been signed, they will be bound by the 2 . . . . . terms of settlement as stated on the record. The parties were married on September 29, 1967, and separated in October 1996. There is one child of this marriage; both parties have children from prior marriages. _After the agreement has been reviewed for typographical errors and the parties have signed by way of affirmation, or if they have not signed, the Master will prepare an order vacating his appointment requesting that the Court entertain a praecipe transmitting the record for the purpose of having a final divorce decree entered. Mr. McKnight has indicated that for the record Kevin Benton has joined us in the hearing room. By order of Court, Kevin Benton is the CPA who has been managing the funds deposited with him. Mr. Rector. MR. RECTOR: Mr. and Mrs. McKeehan, I will now dictate on the record the entire settlement reached in your case. There will be some jumping around, so I would ask that you both pay particular attention to my words and also to the words of attorney Marcus McKnight, who will also be assisting me in dictating the settlement agreement on the record. To reiterate one important thing that the Master has indicated, when Marcus McKnight and I are 3 ~- finished dictating this on the record, you will be sworn as witnesses and asked if, among other things, you understood what we've dictated on the record, so there is no confusion at the conclusion of our dictating this agreement following your affirmation that you understand it and that it is acceptable to you. There will, in fact, be a bona fide enforceable agreement after that is completed. So I would ask that you both pay particular attention to what I am prepared to tell you. Attorney McKnight and I have prepared what we will describe as Settlement Exhibit No.1, which reads "McKeehan settlement". Both parties can confirm that this document has various scratch marks on it, a number of items are scratched out, changes made, but what is not scratched out will firstly indicate the in kind distribution of assets to each of the parties. I will start, John, on your side -- the left side of that statement and go through with you the assets that you will be awarded and are in fact receiving in this case. Firstly, the property known as 240 Mooredale Road, Carlisle, Pennsylvania, with an appraised value of $507,000.00 minus a $45,000.00 mortgage. For purpose of this transcription today, that mortgage balance is an approximate balance. John, you are agreeing to pay that 4 O~'__~" mortgage in its entirety and further, with respect to that mortgage, to refinance that mortgage within ninety (90) days of today's date and to hold harmless Mrs. McKeehan from any obligation on that particular mortgage. The next property that you will be receiving in today's settlement is known as the stone House Road property in Carlisle, Pennsylvania. It is a 49.38 acre lot. The next property is 88 Mooredale Road, Carlisle, Pennsylvania. Mr. McKeehan, the next property you'll be receiving is 297 Richland Road, Carlisle, Pennsylvania. That has an appraised value of $585,000.00. There is also an existing mortgage balance of approximately $lOO,OOO.OO due and owing to York Farm Credit. Mr. McKeehan, you are fully responsible for payment of that mortgage and in addition, you are agreeing to refinance the balance of that mortgage within ninety (90) days of today's date. You will also be providing a hold harmless to Mrs. McKeehan such that she will not be responsible henceforth for any portion of that mortgage obligation after today. You are receiving the property also known as Mooredale Road, Carlisle, Pennsylvania. It is described as an 8.26 acre lot. In addition, you are receiving all 5 -"HJ~W__=_ ~ ,-, ~ , equipment, all crops, and all livestock and are provided with a credit on equitable distribution of 14 months at $500.00 which totals $7,000.00. In addition, Mr. McKeehan, you are being credited with already receiving $lO,OOO.OO which constitutes the bounced checks from Farmers Trust which was your responsibility after the other Qbligations, which totalled approximately $6,000.00 were made good with the trustee. Mr. McKeehan, you are responsible for payment in full of all existing debts due and owing to various creditors, both individual and joint, which obligations are evidenced in the office of Kevin Benton, CPA, and the total of the marital debts that you will be responsible for approximates $11l,935.00. However, let me add, that the true and correct total that you will be responsible for will be the total existing in Mr. Benton's office as of today. So if it is higher or lower, you're responsible for that. MR. McKNIGHT: Can we go off the record? (A discussion was held off the record.) MR. RECTOR: We just had a conversation off the record with Mr. Benton and he confirms that the outstanding debt due and owing to his office for bills, as of today, is approximately $116,000.00. So, Mr. McKeehan, 6 ~R you will be responsible for payment of those debts and you will be absolving Mrs. McKeehan of any responsibility to pay anything towards those debts. I would like to next direct the parties' attention to Mrs. McKeehan's in kind asset distribution in this case. ',J She is receiving bank accounts which total approximately $110,821.00. Those accounts include the certificate oJ deposit located at Farmer's National Bank, Mrs. McKeehan certificate of deposit located at York Federal. Also included is Mrs. McKeehan's account at Farmer's National Bank. And lastly included in that total is the award to Mrs. McKeehan of the remaining current balance existing in Mr. McKeehan's IRA account. Now, by way of clarification, counsel for the parties will facilitate what is called a trustee to trustee rollover of that IRA to eliminate the imposition of federal taxes on that money. Now, in addition to the bank accounts, Mrs. McKeehan, you are receiving the appreciation that may exist on the property known and numbered as 3208 Ritner Highway, Newville, Pennsylvania, and in addition the adjacent home which you received through an inheritance known as 3206 Ritner Highway, Newville, Pennsylvania, and, Mr. McKeehan, you confirm that you are waiving all right, title, and 7 - interest in and to either of those two properties in favor of Mrs. McKeehan. Mrs. McKeehan will also be receiving the total of 14 months advanced equitable distribution payments at $1,650.00 per month which total $23,100.00, and by way of clarification, those monies have been received by her to date. By way of real estate, Mrs. McKeehan will be awarded the following properties: a) The Mt. Rock Estates property, which contains 62.19 acres, valued at $248,500.00; b) The property known and numbered as 2551 Walnut Bottom Road, with an appraised value of $5l0,OOO.00; c) The Walnut Bottom Road Acreage, which totals 47.425 acres, with an appraised value of $200,000.00. Now, Mr. and Mrs. McKeehan, that outlines the in kind distribution of assets that you will be receiving. In addition to those assets, Mr. McKeehan, you are agreeing and have agreed to pay your wife the lump sum of $175,000.00 in cash in addition to the assets that she is receiving as identified on "McKeehan settlement" exhibit and said money is to be paid to Mrs. McKeehan within ninety (90) days of today's date and shall be 8 "~ . --"~ forwarded to her through counsel. By way of clarification, that payment constitutes an equitable distribution payment that is a nontaxable payment to Mrs. McKeehan and not deductable for tax purposes by Mr. McKeehan. The parties agree that in several minutes each of you will execute the necessary affidavits to finalize your divorce. We anticipate that the divorce could likely be finalized within two to three weeks or sooner. In addition, the parties agree that the existing support/APL order existing between them shall cease and terminate effective with this agreement. In addition, all equitable distribution payments shall cease and terminate effective with this agreement. The parties also agree that all related economic claims that were filed in relation to their divorce action, including but not limited to, equitable distribution, alimony, alimony pendente lite, support, counsel fees, costs, or any other related claims that I have not mentioned, those claims shall be formally withdrawn by counsel for the parties as soon as practicable. The parties further agree that they shall cause the immediate withdrawal of any and all pending petitions before the court that may involve this case, 9 ;,lllliII ~ ., ,.~. ~ " ~ including the pending contempt petition scheduled to be heard by Judge Guido. The parties understand that by agreeing to the terms of this settlement that all litigation involving this case has ended. In addition, although not a party to this case, Donald McKeehan, who is represented by Donald T. Kissinger, Esquire, agrees to the following: a) He shall cooperate to every extent to facilitate settlement that I have described with his father; b) Donald McKeehan, to the extent that he has raised through his attorney Donald T. Kissinger, Esquire, any and all claims relating to conflict of interest by Mr. McKnight, motion to quash testimony and/or production of documents and further, any other motion that I have not mentioned, Donald McKeehan specifically agrees to notify his counsel to immediately discontinue and to hereafter never file in this or any other forum any such petitions relating to this case inasmuch as he agrees that the case being settled, those petitions are now unnecessary; c) Donald McKeehan finally agrees to forever refrain from filing any action pro se or through counsel against Mr. McKnight or Mr. Rector for any violation of the rules of professional conduct that he 10 "~.r'~ , . .~ believes that may have occurred in the case. By way of clarification, neither attorneys Rector or McKnight acknowledge any professional impropriety by including this provision in the McKeehan's settlement agreement. MR. McKNIGHT: There are just a couple of things that I would like to put on the record. It is specifically understood that Donald McKeehan is not going to make any claim with any judicial body about any of these matters. (A discussion was held off the record.) MR. RECTOR: We have had an off the record discussion with Mr. Benton who confirms that there is an existing balance in the parties' trust account. We have agreed that the parties shall divide equally that total and that each shall receive $178.19 from the existing balance. Mr. McKeehan agrees that he shall be solely responsible for payment to Mr. Benton of Mr. Benton's services today and for future services in resolving the outstanding obligations that are due and owing in the case. I anticipate that Mr. McKeehan will continue using Mr. Benton even after payment of the existing bills is accomplished. By way of clarification, the parties agree that Mr. Benton's responsibilities, pursuant to the court order in this case, are terminated .effective this date 11 ,,", except as we have specifically described on the record. (A discussion was held off the record.) MR. RECTOR: The parties agree that with respect to any existing order, including but not limited to, orders of injunction, both by Judge Guido, Judge Bayley, and any other orders that are in existence, those orders, by agreement of the parties, are suspended. The only agreement that we have is the agreement that we are reciting on the record today. Lastly, in consideration for the agreement of Donald McKeehan to comply with the terms of this agreement, Mr. and Mrs. McKeehan specifically waive all right, title, and interest they may have in the properties known as the Lay farm and the 641 farm respectively. By way of clarification, any legal or equitable interest that either party to this action may have had to either of the above two properties is forever waived. MR. McKNIGHT: The parties agree to exchange, by deed, interest in the properties that they are awarded under this settlement agreement. Furthermore, John Richard McKeehan agrees to provide to Grace Motter McKeehan a quitclaim deed for the properties that are in her own name located at 3208 and 3206 Ritner Highway, Newville, Pennsylvania. MR. RECTOR: With respect to the deeds, l2 ';;;'Wl<<l ~,~ . ~ counsel for the party who is receiving the real estate shall be responsible for preparing the deed to that real estate. MR. McKNIGHT: By way of further clarification, regarding the real estate that is being distributed to ,Grace McKeehan, all rents effective today will become the rents of Grace McKeehan. Furthermore, with regard to the property being currently used by the Defendant, John Richard McKeehan at 2551 Walnut Bottom Road, he agrees for the month of January to pay $300.00 a month rent to Grace McKeehan and if necessary, if he remains in the property past the end of the month, an additional $300.00 for the month of February, after which he agrees to vacate the property. Grace McKeehan does agree to permit John Richard McKeehan and/or Donald McKeehan to lease her farm land in excess of 200 acres on the three properties that she is receiving, and she agrees to charge rent of $30.00 per acre payable in two installments, one being paid on July lst and one being paid on December 31st of the year 2000. She expressly limits this though to the year of 2000 and no agreement or rights will continue beyond the year of 2000 unless further negotiated by the parties. This does not preclude, however, Grace McKeehan from entering into an agreement of sale for any of the properties that she is 13 being awarded as part of this equitable distribution. MR. RECTOR: Byway of clarification on the mortgage due and owing on the property known as 240 Mooredale Road, we believe that because Mr. Wayne Jones is the current mortgagee that that will be a matter of redrafting the mortgage and note. We are advised that Mr. Jones will faciliate the removal of Mrs. McKeehan's name from that mortgage by means other than a technical refinance so we will also accomplish that as part of the deed transactions. (A discussion was held off the record) MR. McKNIGHT: With regard to the IRA roll over, John McKeehan agrees to provide, through counsel, current information on that account, and the entire balance of the account regardless of the date of the transfer will be transferred into a qualified IRA account designated by Grace Motter McKeehan and that both parties agree to sign all documents necessary to facilitate that. MR. RECTOR: Each of the parties hereby waives all right, title and interest each may have in and to all household furnishings, personal belongings, etc., currently in the possession of the other. 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 14 ^';ffl;W rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in 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 interest, rights, and claims. MR. McKNIGHT: It is agreed that John McKeehan will pay the sum of $175,000.00 to Grace McKeehan within ninety (90) days of today. Likewise, within ninety (90) days of today, he will remove all equipment and livestock from the three real estate properties that have been awarded to wife as part of this settlement agreement. MR. RECTOR: With respect to the notice that Mrs. McKeehan will provide regarding the farming rights, to the extent that Mrs. McKeehan decides to not continue extending farming rights to Mr. McKeehan after the year 2000, she agrees to provide written notice to him on or about August 1 of 2000. Whereupon, GRACE MOTTER McKEEHAN, JOHN RICHARD McKEEHAN, AND DONALD McKEEHAN, all having been duly l5 "i:", ", sworn: MR. RECTOR: Mr. McKeehan, we'll talk to you first. You have heard the agreement that has been recited on the record and you have also looked at, with me, what we've identified as "McKeehan Settlement" Exhibit No.1, and I ask you whether or not you have had a full opportunity today to talk to me about the case and to discuss settlement. What is your answer? MR. McKEEHAN: Yes MR. RECTOR: And do you understand the settlement that I dictated on the record? MR. McKEEHAN: Yes. MR. RECTOR: Do you agree with the settlement that I have dictated on the record? MR. McKEEHAN: Yes. MR. RECTOR: And are you satisfied with my respresentation of you in this case? MR. McKEEHAN: Yes. MR. RECTOR: And are you satisfied with the settlement agreement that I have reached on your behalf? MR. McKEEHAN: Yes. MR. RECTOR: Do you have any questions at all about the settlement agreement that we have reached in your case? MR. McKEEHAN: No. l6 .'\~~.- ," ,.-'.-. -' ,- : ;',11 , . < . THE MASTER: Mr. McKeehan, do you understand that when you leave this room you are bound by the terms of this agreement even though it isn't signed by you? MR. McKEEHAN: Yes. MR. McKNIGHT: Grace, you have heard the terms of the settlement agreement put on the record? MRS. McKEEHAN: Yes. MR. McKNIGHT: And you took part in negotiations held this day to reach those terms; is that correct? MRS. McKEEHAN: Yes. MR. McKNIGHT: And are you satisfied with the terms of this agreement? MRS. McKEEHAN: Yes. MR. McKNIGHT: Are you satisfied with my representation of you in that regard? MRS. McKEEHAN: Yes. MR. McKNIGHT: And you're willing to be bound by the terms of that agreement with regard to all issues brought up in this case? MRS. McKEEHAN: Yes. THE MASTER: Do you understand, Mrs. McKeehan, that when you leave here today you are bound by this agreement even though there is no signing later on? MRS. McKEEHAN: Yes. 17 -".... 1< . . MR. RECTOR: And lastly, Donald McKeehan, you have heard the agreement recited on the record in this case reached by your father and stepmother? MR. DONALD McKEEHAN: Yes. MR. RECTOR: And you have also heard me dictate on the record several references to you including your agreement to assist your father and to also not do certain things, inclUding but not limited to, continuing litigation on your own or with counsel, you've heard those points recited on the record? MR. DONALD McKEEHAN: Yes. MR. RECTOR: Do you agree with them? MR. DONALD McKEEHAN: Yes. MR. RECTOR: Do you agree to refrain from litigating any portion of thisJcase now or in the future? MR. DONALD McKEEHAN: Yes. MR. RECTOR: You understand this case is settled? MR. DONALD McKEEHAN: Yes. MR. RECTOR: Do you agree to specifically not file any formal disciplinary complaint against your stepmother's attorney Marcus McKnight in this case? MR. DONALD McKEEHAN: Yes. MR. RECTOR: You agree to not do that? MR. DONALD McKEEHAN: Yes. 18 ;,fWlV MR. RECTOR: You have counsel in this case? MR. DONALD McKEEHAN: Yes. MR. RECTOR: His name is Donald T. Kissinger, Esquire? MR. DONALD McKEEHAN : Yes. ,MR. RECTOR: He is not present? MR. DONALD McKEEHAN: Correct. MR. RECTOR: And you are nonetheless agreeing to do these things and to not do certain of these things despite the fact that he is not present; is that correct? MR. DONALD McKEEHAN: Yes. MR. RECTOR: And are you also agreeing to direct him to discontine anything which he may have been directed by you to do prior to us reaching this settlement? MR. DONALD McKEEHAN: Yes. MR. RECTOR: Do you have questions? MR. DONALD McKEEHAN: No. MR. RECTOR: Do you understand this settlement? MR. DONALD McKEEHAN: Yes. MR. RECTOR: Do you understand your responsibilities? MR. DONALD McKEEHAN: Yes. MR. McKNIGHT: Mr. Donald McKeehan, you 19 . understand that you're also waiving any right to file any claim with regard to any contact with Mr. Rector in this matter on behalf of your father? MR. DONALD McKEEHAN: Yes. MR. McKNIGHT: Whether it be last week's deposition or anything else involving this case? MR. DONALD McKEEHAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: .< 18. .2ttOO I 2I.c.c ~# ';rr ~"";rz~;f/~ -Grace Motter McKeehan Charles Rector Attorney for Defendant John Richard McKeehan Donald McKeehan 20 I __ ~ "_ (717) 776-4661 ~~ +It!.6t!.I'll(J ~nlt!.I'1'I'lSt!.s 329 Mt. Rock Road Newville, PA 17241 Fax: (717) 776-4408 -=s A{JQ\L IDD ~ 0 Q G RAc.~ rY)c. \ (.EG:\A"\ 0.,., Ie 110' <;; i LD "" "'IT ~- G c "'" ; N \ Q i ., <0 D l:CI V '" lA '" l 0 41:::> E<<-- '0 EO L i V ~h C\N" ,'" 5 \;o,L Lf:2~ v.J;Yt-\ 'l~ 1,,1" ",0<-0R., TR-iflDbJs"-spe"'ArO"1 ~4\::)\~_> (') IL bA--'''' VJ<NCt-\ J (lOvJ{;C(L CAR"", f-\<'J {l no l'-T ERA "-l b "w; "-" Co ~ i g 'L 5 5, 0 iJ O'flE Qo' C-ON\lEiClR 'Nil\-\- I-I-OR\2-0.'4L t-\ 0 f PE R -' - D ,- s c:. t-\ AR.0E 0 '^ ILt-:. '1 ----' t; N..L \' LA'<<' b '^-"i" LE iTr\D \--s:.1" p m 0 (-0 ~ -1 ) GfD8, - OV'\ E' 50 r ~ l-LO VVlA-\('L Cec-A-b LE F Ec ~€- R. V0; 'n=\- [\ A- S E V\ '\ ; I- "-- RA ~'--fO ~ ,/ SlI2- C 1-7 0 "1.5 .J "S lf1- N b S ---' \:) R" (/ .E: f' '^ L.L 'Cc y/ \-I;- D {) P G R.. 14- N S::, ':L >-\- P fY) D \0 It.. 1f~ 2.-6 D,- "'''"... -'~- ~ ~,:- -" -, " " WINDOWS/DOORS/A WNINGS INSULATION IN1ERIOR PANELING & CEllJNGS ALUMINUM SIDING WILLIAM'S 3696 Ritner Hwy. Newville, PA 17241 CONTRACT Home: 776-4273 Customer's Name and Address, , J:::hlH"Q - me..k,.lnM_ J~Ot.g RahlJ^ \~l }J u\..~ ~to Go.~ I BALANCE , T__ Vl.2t~ IW-":\~~ ' ~ g.J- ~~-t'~ /).~ ' ~i~t.t~' ~~~/~4~, fJ~ 'J-~~I~. ~" ~ ~ (}J. ~~-t ~, V"te: _._~ j:j! J.-fJOO TCrAL PRICE . :jf)V ((j)rY DOWNPAYMENT It is mutually agreed that said work mentioned above will be performed by me or my workers with quality materials and labor. Any extras will be over and above the price of this contract. A One-half (\!a) Downpayment is necessary for this contract to be binding and also to obtain materials. The balance is to be paid upon completion of the job, or as otherwise stated above. All work and materials are guaranteed 100%. --- co""",4M[,e.~( ~ HlISBAND SALESMAN WIFE -;->+w.i"~ '" " '",~:- , ~ , ~ ,. {,~~" "" -'.'- " - -:......, r"'_.. -, \ ~ -- .-.. , " . ~.~ ~ ~ ~ ,~ ~ ~.- ~ .;~-~ ~ '}o LJMOM :rr (lII~/, CONc.flUJ" MA{l(~ 1,1<;q1 /<-oCrt1(, 11M Filii) ME 2fo9!L (011. M"ftcH 'RtfiT' IlfJY J'l~Q2 /oW!fflD) 1HIf Z;og;! ~c'vfl.l-ry 1!trDS1r; pve IN (V1tfF<lt_ }ief t?r'iLl( OWE) f'/I~ J2(fl!.- fo ~E'''jt.,iT- ROG-ER.. ., myS (Le<'f'/1.IGA",i) 'PHOAlE IIN" CABte - .1' 'Wi{". "I f206-'Ej~m ~() fllY5 -((7./1 0-/ Itr 1;-g9.. IJ fVlOIJII(_ 1. fltKf' C4flE DF 1,Jf!'f'(fL wt/",/"'f./JIll'm. 1)JfJ Mcj(feH~t-1 '2IQ ('100flE"/lLtRo~/) (4jUI~Lf I J'/L .< ~ - - ~""'I""""",-, ,,' '~ _._p_ vI1DfVl-i1- (lJf1 'l-,(fl)JCG~}j-/ _u________'1__EEO~~fl!JQ!_I!1..----cjjV!L '}2o/,? _ fV1cj<I!'.~(-f,1jJ, . __ _O~L./iuJ,J,l),geD_AI'112__Lc..,EJ',?1'.l'~'!.E:._!)o{iJlgS.f.Og-- ,,_,_ n_ 'nU ---.J)A~ rTHjL5-e_cut1I'7Y-12i!E{).~/CDr-J__(!a.f?~C!i...!~-:-j.9..1Z_u....n-H-" '" _ _ ______J.._L/:!eN_kA.'1.e...Ilt-P,1l:lb'&._ ONEf/I)NV;Zlf'D AND_____,'._ ,__ nJUltNI/-__tJ_Vl..__72~aJl!Z5___0t-ln.QR../lJ2ovJ-l.r::> _ "H__. ,_ "" ,.AfJ.rz)l.-_j~:J97..Z__.J~t?~__ft_ 1Or.4/.-___0 F_ fWD }luJ:1T2Klt.rLAHP):jE7.Y..V-eL.J.,J-lR-- <)~ - _-r;.//5_w/35 _n__ ,.t(01?.---S(CJJ~\-:r-Y..J2e.!ZQ5L-r::-C>,I:o'---.-;9 a J!:t. 7____2~'i J_____ __..'__m___ , .___~,_I.1.L(dc..N_I,)L'f3!~tL1Q /i~Lg~lJ1:?--CA/Z-LI.>.'.trJ!fl,-l20L::J'-----,--- os_ ',f----------------- --.,-. _.._,--- -~ ______"_____________m____"___ _-.-__n_____.____._._ --.,--~.- .._-, --, - 1AM.-f1!lOtJ 1~4'._Pi ~D_J1A\J.c~_l:,)o-r _ if!.l{G(1J tC;> My:_ 5 ECl/.fZ!X,;'/.VG?Q5>J_'C_ ../'!JJ1.n('JCklf.Hil.t?_ .5,fll'D , _ _H~_nl;?__NQ._k_OJ'i.G:M5._[2~?P9~1 z>.lf__EoJ3nr"J7, YE]>o SI_ -~I U", _," "" _!'""~ ,...,-,_, ':'I~:'I~; "~-_. ................... 111 - 1777 Walnut Bottom Road Newville, Pa, 17241 Iii - "In all thy ways acknowledge him, and iJe shall direct thy paths," Provo 3:6 (717) 776.5 54 /J!~ N~ 1950 SOLD TO This Merchandise Received By: CUSTOMER SIGNATURE Terms: Net 30 days. A finance charge of 1'12% per month (18% APR) will be charged afier 30 days, DESCRIPTION CASH SALESMAN PRICE AMOUNT """';";",::,'",. '-""',' '''', " :)j;/ "'<;ii:::li;::::::- ,':i!:i:: ': 1!;~:\\'< >:!', ,1,',,. ;~ ~j Ii!;;: ~~ ~! i1!!I;}:~;l;::': 'H:' .',', "'-,"' , " ,',:",,'," ::;:I)~> ).;::,i,',i:ii'r,;!,'j," ',',,'I'n' .,', :-",' :}!~~\~(!~;j( ".. '. .',' ,',' , ,'.'.:,',;,", ,",','",' ",',<.-', ~:: -;.,.;. ':.::;::; i:: ~" .:,:>:'. i::;!{::::'J:, """ .:';, ':':.' '-,' :r':-~i"";""" ....,...'.........'..'..........'.. - ,'_ I , ~-: -. I . '- .'- \'- ,',_~ ._",' I "In all thy ways acknowledge hun, and he shall direct thy paths." Provo 3:6 ,- c!/vUvc~/1?Jr' . !:1~;~;:' . , '( , . , :;':! ~;'\i:C;\' :Ct~,i!,:::;>: .,,'. ." 'r;;;'l,"" :,;;:,y;::!::',:;j,:';',: ~ 1Ti7 Walnut Bottom Road Newville, Pa, 17241 (717) 776-5054 ilaJ;,iJ1#!~~ /tJ~ I,{ L-. ' ,',",' ',','" ....,', '~!JmIlIf ".j ""n":"';,~'~r' .. , SALESMAN DESCRIPTION :;::::::::;::> ",:-::: "'I:" ;, ,~. .. <:;;::;:;:1:;:;\:':",' .. , :;:~;., -:: :;:' . "",,' -",~,!,.. ,,'''' , , ';'::::;:'~~/ii;:,ii' "", ",: ;:::::i;1i;:;:i~i,<:~:11/?:: .' ..::..:[..:ili:....,.,..,.:' . ",,::?,;. :> ::i;;;;~i~j~;,:,:,~i:i\:',;";:",.,.i I [" .~' _ '1' .' . N~ 1939 This Merchandise Received By: CUSTOMER SIGNATURE Terms: Net 30 days. A finance charge of 1//2% per month (18% APR) will be charged after 30 days. CASH PRICE AMOUNT , :!i:) .,',',',"" ''"'''',' ' ili!li/iii '"',,..'. . " ' )nii~>) 't' :::;::::::;''::, , ,."".,'. ,. .:,'.'...: ',..,......... ,'. .,'..,'......,..: " -..',.....,',., c.,;':':.>..;':'; .".',','.'..'..' .....,..'..,'.. :-.::::::::i::', ! '-" ::i;:~ii' """,~lpl' ',AI~.,.. ',." :: .: "JI' - ':,);)[i!:i,> ' :::'.:}(~':.~~:.': ::';:':":: .', ,.,.,.,.....','... . :::',:;:~:::':,:'.. < <:::~::'.::: : .' . l\(~ ' J> :.>~':' ,,,,,',',' f2 ell .2000 Cej::)9r-!61) R A!1--ll(cotl\-^'-. -"'_......-- S"IJ' \J G <,,;j ,tz<hc/;~//A7J /\ v..AR.6E J ?A TGHE 1) ~-I()I E~ )10 DOO~ ~\.,0AL(S , " /-10/ d:> -<r- ALe /IJ/I/.t.5 !.-^ iN ( t;J2> _ . ----- ~~c1;:( ~ 1'1- pV _..-<)c)('),:---- 308 CHERYL AVENUE, P.O. BOX 1189, MECHANICSBURG, PA 17055 PHONE: 717.766.2508 1.800.368.6800 FAX: 717.790.9642 .',', ." " I , "",~,. ..;;~ll: '.'.::;ii':'.' ,:~::~ .:,;i;:;iiiii;i<i\I., ':)~"'. 'il:!~" , ...,...... "',W,'YO", . - ~;", ,-,., . 1 ~w_ "',.,,;.,::;! c,',.'.'. ,,'.'.....".., ,',',', .'.',....,. " :. -ii',,:, ::<:::;:~:~:::,::::;:. .i );~~;i[ -, "iI1:~ '::::~:::: )imf ..,]~::. ,",,' ::' !\pJ\.2.r("1 E.t--I 1 , \t 7 [<:)-:>\ \Jf>..,U,lur \jolTer'l to, CA~LLSLE. Pi\ 11CJ\5 P"'t.,.; r(;,O T;,I>.<.-L !:\NO ~(Y\O"E.O OLD O~p C E-LL!:.I-.lG /':>.."'0 ~E-PLI"<..\::'O \Jcrl-\ t-Je:.-w -\"";0 \)E-D~cor'"\s I~NO \ \) p-.nJ, i"1\ ," e"., I~ 7~,:>, [,4 - to:; ';:'.1\ v >-\~'::. , PE.iL O"''{ \"'\/>..'lL\~ I:I - S \-\~S, VI I,U. 1-\ L'2.;. :; \-\V.!.> -- lo,t-..L \-\ ~S 'J 1_ 1\., \~, 00 PE::z.. \-\-e.. -ron"LrN'JO;:'l.E. & L~e.o,co 4 "l1, fY]l:,U~ ::II!I:11!.",.., ;1111:,iij;....,. "I',.. ','.',", -:.. .,.-, ,<,'. '..;:.:,'.:,,', ,',', , ,- ',',',.,.. . .::;:;:;,:' , .',',',',', .,:;:;:::;:":':: ".',','", .,.;.;,.",....".-" ':ii!; ','..,...., '.',.'.", ,....' . ',',',', N' ;;Ii;";;",,, ':,,::,~ , ' :-:.:,;,.-:.'; ,',',.','",'. .','",'(, ,:.:.:-:,:',: ,',',','",'. '.........','..' ,.',','''.'.',' il::i!( .:;:::::" .' .c,'.,....:,' ',,':""",":0,: ji.'::; ::;::"'. 'j!li;j;;iiliij. "' , :;i!~jj!: ':,: ','..,', 1 "''4. . ~~~"', . . , '1- ff.:1 0~fl ,/IA,C... 7 ~,' h/",-kee! Nn,d; .... , ,:I J ') I . h(1/d crt "E"Ifc".., 7: M J C''1,'/,dE P/l /7cJ/3 r ':::j: , .":<:'. .', ~,' ,If 13 / '-I /10>'''/ I&:'- 4 /,ou< S / , /J'7rtrc/, ,)~,;JI- 1).,:>1'7<5 /'7i1'L/;) 3, LI /10 u i< S' /17 .' , 111'<'~' I, ,,)?;2,?~ :3 /10 ,J;( J /11 f1, {I, 'j 6- 4 j, oc)'R 5 T,'hrl /} [.' ,',2 $ Tch, IT",v," C {, ;-/:',';;.;:.-,./1/;/ ',',',',.,...."....' . .: ',','" " ,~ ~k:'~~'~.I~r -foT( ',', J.~ ),"'l)'{($ d (] ()O hT? HoUR. ft1 Lf/{;. 0(1 , , :"""" ,'<\:1.. 'J.i c.1 e,,,,,,,,,,1') I1PfI'l>./;.,e,d- /Ttv.d /I J/;;. /tn/e! , /' L J Jh..d /,tr".:;/;,,;; e,y;,l lf19~ o;t "'",417;. he,(tfi'H. ~di1of.~~- :;\m~F" "'~" ':;~:*:' ::!:i:;r;:, . ~':.:'x: "'~'" . ..;.... , r, , SR Electric Motor Service Quote 480 Zion Road Carlisle, P A 17013 PH 717-486-8293 FX 717-486-8630 DATE QUOTE NO, 412912000 502 ~- NAME I ADDRESS McKEEHAN ~OAB I;~AB 160AB 18/2 RC , [10/2 R 112/3 R LABO Sales ~- PROJECT DESCRIPTION QTY RATE TOTAL REAKER CH 4 624 24,96T REAKER CH 1 14.30 14.30T REAKER CH I 1430 1430T )MEX 30 0.36 10.80T OMEX 75 028 2LOOT OMEX 30 0.235 7.05T R 5.5 20,00 110,OOT Tax 0,00 0,00 I , , i . -- TOTAL $202.41 i__ ""f,lr. ", ,'.' .-,. I", 'I' .'1 ~ ... , '\ ' VERIFICATION I have read the statements made in the foregoing Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ,~'111 ~"-.1~trAY GRACE M. McKEEHAN Date: April 24 .2001 !~F,"'~"~'\_--~'~ - '-,~ - ,-- . H' ~,",-_"_"""p,:>~__,, ". -~,,-,'. _~_~"' ,>"~'~~',<..r,_ "-I~':""",,';',, ...'1"-"..... "_O:""'~""" '. --_"'_"_ .,el"i.'_',n' ,~" '""~ ~ . 't' ~ '"' . r, I GRACE MOTTER McKEEHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN RICHARD McKEEHAN and DONALD A. McKEEHAN, Defendants CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011 Attorney for Defendant, John Richard McKeehan By: Marc sA. Mc 60 West Pomfret Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: May 2, 2001 "';"il1Tt,~" ",_ "'~"~:.",,,,,,"'~.,,!,rr4'i-,"-,.-::<;L_,"?~" _',P ,^__,,_~, c I'~_"" _-~~r_'._" ^' ""~".'_ ~,_, n_'_C. " . ' " . -, -.'-, "^ , ~ ,-~- " "'" -'~" -, ,_, , -.'v ~ <,~"'><,,= ~~~" 0' " " 'I 0 CJ' Q, C "'~ _r.,~ Cl n"l ___I m /",'-1 ~~;"" Z ~( ;:.g 2: f::'- I ,~\ i~ '''' .::.J ;,l..\ ~) ,~ '-1', u._. n " ~ " () p , .~, W ;"T1 C ~=-~ ~ :J1 5 <0 -< <~ ._l!~~J_I1~~~ ".o' _~ ~~~~"_"=_'_~~ SHERIFF'S RETURN - REGULAR ~ (' CASE NO: 2001-02650 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEHAN GRACE MOTTER VS MCKEEHAN JOHN RICHARD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCKEEHAN JOHN RICHARD the DEFENDANT , at 0017:09 HOURS, on the 11th day of May 2001 at 297 RICHLAND ROAD CARLISLE, PA 17013 by handing to MARCUS A. MCKNIGHT III a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 10.00 .00 32.34 So Answers: ~~t~~ R. Thomas Kline 05/14/2001 MARCUS A. MCKNIGHT, III /) Sworn and Subscribed to before By: me this ,;)3.A.-..1... day of ~ ~' A.D. '<r )v"II,., A Y'.t)' P othonotary , "'~,,~-~, ~ _ _~,_"'i" ~ , _, _T'_ 1- - , -~ 1- '1, - ""'--"~ . SHERIFF'S RETURN - REGULAR r CASE NO: 2001-02650 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEHAN GRACE MOTTER VS MCKEEHAN JOHN RICHARD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCKEEHAN DONALD A the DEFENDANT , at 0017:02 HOURS, on the 11th day of May , 2001 at 219 MOOREDALE ROAD CARLISLE, PA 17013 by handing to DONALD A. MCKEEHAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: t""V I-t:~~' R. Thomas Kline 05/14/2001 MARCUS A. MCKN Sworn and Subscribed to before By: me this .2. '\.ul day of "1 C~A'" 11. 'Ju.l#k) ~ rothonotary , .hot , A.D. !'"'N"'il'!'!~, ,~~,~_ " -I'" ~. ^, "~ . ~__.ffi~-nJ