Loading...
HomeMy WebLinkAbout99-05893,? ,.. ?r. hr,`,.; ` ... "'% g._ f; y? ?s ?? " k ?, v " i g Yr ? y ^w 3 ? :+?.?"? ?;? t?- ?,,u? , 'z ? ' ,?,? t !c ,r; n ?. ?? _. . r. i? y , :,,< ?? „. . .? x ? x ? ' i r M f b? Y ?? ?. ? 1 Ii'. yS 4 i? C'H ?, - ° ? t?' ? ? ' , r? * ? , ?f %] lb ?? I?i y Wf .? ?F ? i',t _ M1i' .r r '. e? ?? tr, , ??. ?? . . fr;; ?.r ? x ?, ?.? (b \Y „? ? ? ?, / rr. ... `1 `\ I VVV 'l. ??i f!CE y )?; ;' y. '..FI , .. ' P t ! j A .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JO ELLEN KEISER N 099-5893 CIVIL VERSUS DAVID K. KEISER DECREE IN DIVORCE AND NOW, m2lldl !A 2000 , IT IS ORDERED AND DECREED THAT .70 ELLEN KEISSER PLAINTIFF, AND DAVID K. KEISER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; None. The terms of the Marital Settlement Agreement dated 22, 2000 are incorporated but AW, ? r IN THE COURT OF COMMONPLEAS CUMBERLAND COUNTY JO ELLEN KEISER V DAVID K. KEISER DOCKET NO. 99-5893 CIVIL LAW- IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this j 2 day of , 2000, by and between JO ELLENKEISER, hereinafter called "WIFE", AND DAVID K. KEISER, hereinafter called "HUSBAND". WITNESSETH. WHEREAS, Husband and Wife were married on March 27, 1998 in Cumberland County, Pennsylvania, and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated in July of 1999 and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his\her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, Wife having been properly advised by her attorney, Lawrence J. Rosen, Esquire and Husband, having been properly advised by his attorney, Edward J Weintraub, Esquire have come to this Agreement. The parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. CONSIDERATION. The consideration for this Agreement is the mutual promise, covenants and agreements herein contained. 2. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other parry at such place or places as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. The parties agree that their date of final separation was July 23, 1999. 3. NO INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES. A. The parties agree to assume responsibility for their own legal fees, if any. 5. SUPPORT. The parties agree to waive any rights to support which one may have for or against the other. 2 6. ALIMONY. The parties agree to waive any rights to alimony which one may have for or against the other. 7. WAIVER OF PENSION BENEFITS. Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. 8. WIFE'SDEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. OUTSTANDING DEBTS. The parties affirm that there are no existing marital debts. 11. REAL ESTATE The parties agree that Husband waives any claims to the marital residence located at 1217 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania as the property constitutes pre-marital property of Wife. Wife acknowledges that any expenses related to the ownership and/or maintenance of said property are her sole responsibility. Wife will indemnify and save husband harmless for any costs, claims or liability asserted against him regarding the property. 12. DISTRIBUTION OFPERSONAL PROPERTY. A. Household Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties will agree to sign, r upon request, any title or documents necessary to give effect to this paragraph. Property shall be , deemed to being the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of 4 the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which wither party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits during the period of separation, except as stated herein or subsequently agreed upon in writing. B. Wife agrees to execute any and all documents necessary for the transfer of title to a 1998 Chevy Blazer which is jointly titled. Husband shall hold Wife harmless for any expenses related to said vehicle including but not limited to the monthly purchase payments of $561.00. Wife shall remain responsible and shall hold Husband harmless for any and all payments/expenses related to a 1997 Chevy Cavalier currently titled in her name only. 13. MEDICAL INSURANCE. Both parties agree to continue to assume responsibility for their own medical insurance. 14. TAX RETURNS. Both parties agree that they shall file separate federal tax return for tax year 1999 and shall pay any deficiencies or receive any refunds attributable thereto. 15. MUTUAL CONSENT DIVORCE. This Agreement shall operate as a full and final Settlement Agreement concerning all marital rights of both parties in accordance with the terms herein. The Parties hereto agree that each shall contemporaneously herewith sign an Affidavit of 5 Consent to a divorce pursuant to Section 3301 (c) of the Divorce Code. Counsel for Wife shall prepare and promptly file the parties' respective Affidavit's of Consent, a praecipe to transmit record, Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code and a vital statistics form, all for the purpose of obtaining an immediate Decree in Divorce. Counsel for Wife shall obtain and provide counsel for Husband a duplicate original divorce decree and a certified copy of their Marital Settlement Agreement incorporated therein. 16. TIME OFDISTRIBUTION. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties prior to Husband's counsel filing the necessary papers to obtain a final Decree in Divorce. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 17. RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to 3302 of the Divorce Code. 18. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 19. RIGHTS ON EXECUTION. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 20. BREACH. In the event of breach of any of the terms of this Agreement, the non- breaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 21. INCORPORA TION INTO FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge into the final divorce decree between the parties. The parties intend that this Agreement shall be enforceable under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEPARABILITY. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 24. ENTIREAGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions 8 of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. INTENT. it is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the non-breaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terns of this instrument shall govern. 27. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Lawrence J. Rosen, Esquire, Husband by his attorney, Edward J. Weintraub, Esquire. The parties agree that the instant Agreement is equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them and/or by their respective counsel. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 30. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 10 IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS. EDWARD J. WEINTRAUB, ESQUIRE 2650 NORTH THIRD STREET HARRISBURG, PA 17110 (717) 238-2200 L A, W2 I WNt S N ESQUIRE KREVSKY & ROSEN, PC 1101 NORTH FRONT STREET HARRISBURG, PA 17102 (717) 234-4583 DAVID K. KEISER, Husband ?-' ELLEN KEISER, Wife 11 urC7 ? ?? J CL e r s. rr? 4' 7 r. . tY ti. "f?5} .2 JO ELLEN KEISER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 58-93 CIVIL DAVID K. KEISER : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section W 3301 (c) 3( ) 301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: September 30. 1999 - Certified Mail. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent & waiver of required by Section 3301 (c) of the Divorce Code: by the Plaintiff on March 6, 2000; by the Defendant on February 22, 2000. (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A. (2) date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: Request that terms of Settlement Agreement dated February 22, 2000 and executed by the parties be incorporated and not merged into the Divorce. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached. La ene J. Ros , Esquire Attorney for Plaintiff ILI c.•t o=ff G.S.+ Y, i - 'J L? O JO ELLEN KEISER, Plaintiff V9. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 9t? 13,V3 C'?AL : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. !f you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, First Floor, Cumberland County Courthouse, Carlisle, Pennsylvania IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU 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 2 LIBERTY AVENUE CARLISLE, PA 17013-3387 (717) 249-3166 1-800-990-9108 JO ELLEN KEISER, Plaintiff VS. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 ,9. SSA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, JO ELLEN KEISER, by her attorney, Lawrence J. Rosen, and seeks a Decree in Divorce and related relief from the Defendant, and in support thereof, sets for the following: 1. The Plaintiff is Jo Ellen Keiser, an adult individual who currently resides at, 1217 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is, David K. Keiser, an adult individual who resides at 6311 Bayshore Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on March 27, 1998, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff prays this Honorable Court issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301 (c) or Section 3301 (d) of the Divorce Code. COUNT I - IRRETRIEVABLE BREAKDOWN and INDIGNITIES 9. Paragraph Nos. 1 through 8 incorporated by reference as if fully set forth herein. 10. The grounds upon which this action is based are irretrievable breakdown or, in the alternative, indignities to the person of Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome and a divorce pursuant to Section 3301 (c) or 3301 (a) (6) of the Divorce Code is sought, WHEREFORE, Plaintiff prays this Honorable Court issue a Decree in Divorce, divorcing her bonds of matrimony, pursuant to Section 3301 (c) or 3301 (a) (6) if the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraph Nos. 1 through 10 are incorporated herein by reference as if fully set forth herein. 12. Plaintiff and Defendant have acquired certain real and personal property during the course of the marriage and pursuant to the Divorce Code of 1994, Plaintiff desires that the Court equitably distribute said assets. WHEREFORE, Plaintiff request that the Court equitably divide the parties' real and personal property, tangible and intangible, acquired during the course of the marriage, pursuant to the Divorce Code of 1994. COUNT III - ALIMONY PENDENTE LITE SUPPORT, COUNSEL FEES AND EXPENSES 13. Paragraph Nos. I through 12 are incorporated herein by reference as if fully set forth herein. 14. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, employment of counsel and payment of costs. 15. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 16. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 17. Defendant has adequate earnings and would be able to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV-ALIMONY 18. Paragraph Nos. I through 17 are incorporated herein by reference as if fully set forth herein. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support for WHEREFORE, Plaintiff respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. DATE: //-7 7 Respectfully submitted, v ? -?4 6?2? eL4Wenbe J. Rose , Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. No. 10625 s?a lg; 7 a; r n `. wt ??1 JO ELLEN KEISER, Plaintiff VS. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, JO ELLEN KEISER, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. DATE: 9 9 O ELLEN KEISER JO ELLEN KEISER, Plaintiff V9. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of September, 1999, 1, Lawrence J. Rosen, Esquire, attorney for Plaintiff, JO ELLEN KEISER, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, by First Class U.S. Mail, Certified Mail on the following: David K. Keiser 6311 Bayshore Road Mechanicsburg, PA 17055 Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ?. QY Y F? '? J ry ll, Q, 2A j U cn V \N ^V?/ V V VO a 3 W 7. 6 HN [? 5 yU p?rZ> rn w ?n 41 zLL°W? L ', p a a& z x ro gy W a 5 JO ELLEN KEISER, Plaintiff VS. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-5893 CIVIL : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 (cl OF THE DIVORCE CODE 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on Sentember 24. 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE:3 D 94 6?1141-1 ELLEN KEISER X 3 uE A,a F ?:SE c o ? 4 a. n LLJ - d [C Z W 1 0 C--) U JO ELLEN KEISER, Plaintiff Vs. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-5893 CIVIL : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 24. 1999 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE:Z"Ze -DO DAVID K. KEISER f C G ulC L Cam); [V C]CA :. Cn Q.'.( J C? LLllt r1_ U. ? O U JO ELLEN KEISER, Plaintiff VS. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-5893 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 1 do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: -(p LJO ELLEN KEISER c Lyn z )K 4 ' J Lt CZ, - cr ww C) «. o ° CD U JO ELLEN KEISER, Plaintiff Vs. DAVID K. KEISER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-5893 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: L--7 -"' -Ov DAVID K. KEISER C ? Q 1 Q O- c 66 '.1w CL =?, c`G [O [L 7 L; p U JO ELLEN KEISER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99- 5893 Civil DAVID K. KEISER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, LAWRENCE J. ROSEN, attorney for the Plaintiff, JO ELLEN KEISER, hereby certify that a copy of the Complaint for a Divorce was served by Certified Mail, Return Receipt Requested on September 30, 1999, on the following: DAVID K. KEISER 6311 BAYSHORE ROAD MECHANICSBURG, PA 17055 DATE: lo-l.75 Lawrence J. R en, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. NO. 10625 13ENDER: 'f! C 10014 11M S. rd 4b. tlaW aaNw. PON ybyyvao?,?. and Wdnw mtlr min. dM4 brm w Md w. an idim ah .? .Apx.?66h,jrfamr to xM tat der ftow, a mar back x pow dm nor Wi 'R2fttn RW#WPpuadad'meemHgaWbdowede - amps. The Rd= RtadrtM dawrnwhameN arWle w dMVwtd anddodate ,I dAVId. 3. Arid* Addressed to: 4a. Afte ? DAVID K. 1CEISER 4b.Sen;k 6311 BAYSDRE ROAD O Re2lsbn MECHANICSBURG, PA 17055 ? Fxp 13 1. Date V Ned By: (P t ) B. Add end lee a P3 Form 3811. December 1094 I also wish to rec" the fokMng NrWm (for an extra too): ? 1. ? Addressee's Afteea 2. ? R•OMW DOWNY Car" poebtN•ter for tee. nVmr 5n 276 E We $ In Cerdaed d 8U/?Q 13 ?neured F tt ? COD ? INery.A a7V . v M requsefed PS f l v) .. C-3 3 CI- i- C-- C ? C ? U J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff / vs. Defendant File No. 9Y ,J p p '3 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the -? day of MYRCA , 1-9 Gb0 , hereby elects to resume the prior surname of p [Zen zkAlol , and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: 94i?06 gz v?OOU ? 9 Signature S ature of name being resumed COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND ZOd a On the Q, day of ?Cl? C X9 , before me, a 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/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public Notarial Seal Micheal T. KaHer, Notary Public LOW ConaNadar Exq°rsa Mey `8',°2062 Member, Penrz*Uaa neeoota M 01 Notarial Cr Cl \f Cj- u. - C CJ