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HomeMy WebLinkAbout03-3391WAYNE F. SHADE MARTHA F. KEIFER, Plaintiff WILLIAM B. KEIFER, JR., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03- 3J]/ CIVIL TERM : : 1N DIVORCE 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 thil to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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. PENNSYLVANIA 17013 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. Cumberlmid County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne/F. Shade, Esquire Supreme Co. urt No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Ailomey at Law 53 West Pomfret Saver Carlisle, Pennsylvania 17013 MARTHA F. KEIFER, Plaintiff WILLIAM B. KEIFER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03- 33q! CIVIL TERM : IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is MARTHA F. KEIFER, an adult individual who resides at 3804 Vine Street, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant is WILLIAM B. KEIFER, JR., an adult individual and citizen of the United States of America whose last known address is P.O. Box 194, Austin, Potter County, Pennsylvania 16720. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiffand Defendant were lawfully joined in marriage on December 1, 1956, in Duncannon, Perry County, Pennsylvania. -2- WAYNE F. $~kDE 53 West Pomfret Street Carlisle, Pennsylvania 17013 The parties have been living separate and apart since on or about April 11, 2002. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the altemative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the further alternative, Plaintiff avers as the grounds on which this action is based that Defendant has committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. -3- 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There were no children bom to this marriage. 12. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. Wayne K Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading are tree 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: July 16, 2003 Martha F. Keifcr WAYNE F. SHADE 'HA F. KEIFER, Plaintiff, VS. LLIAM B. KEIFER, JR., Defendant In The Court of Common Pleas Of Cumberland County, PA No. 03-3391 Civil Term In Divorce, ENTRY OF APPEARANCE Please enter my appearance on behalf of 'the Defendant, William B. Keifer, Jr., in the above- captioned matter. Respectfully Submitted, Andy J'. Watson, Attorney for Defendant 1 E. Third Street Coudersport, PA 16915 (814) 274-8612 Date: ~'/?,2003 -1- L^w Omcr~s OF LEBER & WATSON ONE EAST THIRD ST. COUDERSPORT, ]PA MARTHA F. KEIFER, Plaintiff, V$, WILLIAM B. KEIFER, JR., Defendant In The Court of Common Pleas Of Cumberland County, PA No. 03-3391 Civil Term In Divorce AND NOW COMES Defendant, William B. Keifer, by and through his attorney, Andy J. Watson, and respectfully files an Answer and Counted'claim to Plaintiff's Divorce Complaint as follows: ANS~VER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that the marriage of the parties is irretrievably broken as Defendant wishes to reconcile. It is further specifically denied that Defendant has offered indignities, which has rendered Plaintiff's condition intolerable and life burdensome, or that Plaintiff iS an innocent and injured spouse. It is further specifically denied that Defendant has committed willful and malicious desertion. -1- L^w Omcr~s OF Lzaeg & W~,wsos ONE Emu-'I~m~) ST. COUDERSPOR'r, PA 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. No response required. WHEREFORE, Defendant respectfully requests this Honorable ~Court deny Plaintiffs demand for dissolution of the marriage. COUNTERCLAIM COUNT I - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 13. The previous averments are incorporated herein by refeCence and made a part hereof. 14. That during the course of their marriage, the parties hereto !have acquired certain real and personal propertywhich is marital property under the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable CoUrt to enter an Order equitably distributing the marital property. -2- COUNT II: SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND PERMANENT ALIMONY 15. The previous averments are incorporated herein by reference ~nd made a part hereof. 16. That Plaintiff requires a reasonable amount of spousal Sal~port, alimony pendente lite, and/or permanent alimony to meet his reasonabie and necessary financial needs. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order awarding him spousal support, alimony pendente lite and/or alimony. COUNT III: ATFORNEY'S FEES, COSTS AND EXPENSES LAW OFRCF~S OF L~B]~R & WA'rsoN ON£ E~r'l~mD COUDF. P.S~ORr, PA 17. The previous averments are incorporated herein by reference and made a part hereof. 18. That Plaintiff lacks the necessary income and resoumes to pay his reasonable attorney's fees, costs, and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting Plaintiff reasonable attorney's fees, costs and expenses. -3- LAW OFFICES OF Le~ER & W,~XSO~ ONE EASX'r~Rt~ ST COUDERSPO~T, PA Date: ,2003 And'y-o'. V~atson, Attorney for Defendant One East Third Street P.O. Box 310 Coudersport, PA 16915 (814) 274-8612 -4- L^w O~'~cy~s O~ L~ & W~,~so~ ONE E^ST T~D ST. COUDERSPO~, PA MARTHA F. KEIFER, Plaintiff, VS. WILLIAM B. KEIFER, JR., Defendant In The Court of Common Pleas Of Cumberland County, PA No. 03-3391 Civil Term In Divorce VERIFICATION I verify that the statements made in the attached and foregoing Answer and Counterclaim are true and correct. I understand that false staterinents herein are made subject to the penalties of 18 Pa.C,$. §4904 relatilng to unsworn falsification to authorities. William B. Keifer, Defendant Date: LAW OFFICE5 OF L~ & Wx~soN ONE EAST THIRD ST. COUDERSPORT, PA MARTHA F. KEIFER, Plaintiff, VS. WILLIAM B. KEIFER, Defendant In The Court of Common Pleas Of Cumberland County, PA No. 03-:3391 Civil Term In Divorce CERTIFICATE OF SERVICE I, ANDY J. WATSON, Esquire, do hereby certify that two original copies of the foregoing Interrogatories were served upon attorney for Plaintiff, Wayne F. Shade,533 West Pomfret Street, Carlisle, PA 17013, by First Class mail, this / o~ day of August, 2003. AN D'Y~.,WATSON, Attorney for Defendant 1 East Third :Street Coudersport, PA 16915 (814) 274-8612 -16- MARTHA F. KEIFER, Plaintiff, VS. WILLIAM B. KEIFER, Defendant In The Court of Common Pleas Of Cumberland County, PA No. 03-.3391 Civil Term In Divorce INTERROGATORIES PURSUANT TO Pa.R.C.P. 1930.5 The Defendant, William B. Keifer, by and through his attorney, Andy J. Watson, does hereby propound the following Interrogatories upon the Plaintiff, Martha F. Keifer, to be answered under oath, within thirty (30) days after the receipt hereof as required by PaRCP No. 4005 and 4006. These Interrogatories shall be deemed to be continuing and any information or documents secured subsequent to the filing of Answers thereto, which would have been included in the Answers had it been known or available, shall be supplied by Supplemental Answers as soon as such information becomes known or available, but in all events prior to the trial of this action, pursuant to PaRCP No. 4007.4. Each Interrogatory hereinafter set fo~h, not only calls for your knowledge but also for all information that is available to you by reasonable inquiry, including inquiry of your representatives and attorneys. -1- .LAw O~cr~ O~ L~ & WA~O~ COUDER~PORT, PA These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answem and the time of tdal of this case, you or anyone acting in your behalf, learn of any further information not contained in your Answers, any such additional information shall be promptly furnished to the undersigned by supplemental answers. ANSWERS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "n/a" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation, or other entity, this means to state his, her, or its full name, present add~ess, home telephone number, and business affiliation and business telephone number. -2- L~w O~:~c~s O~ L~ & WA~O~ Couo£P.S~owr, PA INTERROGATORIES 1. State your: a. Full Name b. Date of birth c. Residence If you pay rent, state the monthly amount and to whom paid. d. Social Security Number e. Date of this marriage fo Identify all persons with whom you currently reside on a full time basis and their' monthly income. 2. State your complete educational background, including all post high school education and training, whether or not any degree or certificate was obtained. 3. For each of your present job(s) and present souirce(s) of earned income, and for each job or source of earned income you have had in the past two (2) years, state: a. Your job title; -3- L~w Omens O~ L~s~ & WA~SO~ 0~ E~r T~ra) ST Cou~.~s~oa'r, PA b. Your job duties; C= Your date of hire or starting and date of termination or ending; d. The reason(s) for termination or ending; e. Your salary or eamings; f:~~e b~t~[i.e:i p~i~n insurance, retirement plans, etc.) and the amount contributed each year to any retirement plan; and go Any and all jobs that you have been offered but declined in the last ten (10) years. If you are self-employed, please provide a detailed list of any and all tools, equipment, and business assets and the value of each item. If self-employed, please attach copies of businesses' books showing your income, labor, materials, net income and provide your present net monthly income. 4. Please state any and all other sources of income, besides income which you receive from employment, from any source. 5. State what date you contend is the date of final separation of you and your spouse, and state each and every reason why you believe final separation occurred on that date. -4- 6. For each automobile or other vehicle of any nature whatSoever owned by you or your spouse, or in which you had or have an interest, either at present and at the date of final separation, state: a. The make, model and year of manufacture; b. The date acquired; Co The purchase price (or, if not purchased, the value at time of acquisition); d. The source of the purchase funds; e= Identify any co-owners and any lienholder and the amount of the lien; and f. The fair market value of the vehicle. 7. For each household item, furniture, jewelry, furs, antiques, art work collections or any other item of personal property with a value exceeding $100.00, state: a. A description of the item; b. The date the item was acquired; The purchase price (or, if not purchased, the value at time of acquisition); The fair market value of the item at the date of separation and at present; LAw OFFIC~ OF L~zz & W~,~o~ ONE EAST THIRD ST. COUD£RSPORT, PA -5- e. Identify the person in possession of the item; and If not purchased by you or your spouse, how the item was acquired. 8. Identify any and all madtal property currently in your possession and its value. 9. lcFen/ifyanyand all r~adtal property currentlyin your sl3Touse's possession and its value. 10. Identify all bank, savings and loan associations and similar accounts, time deposits, certificates of deposit, savings bonds, treasury notes, treasury bills, savings clubs, thdft plans, money market funds, annuities (tax sheltered or otherwise), savings accounts or checking accounts in your name or in which you have any interest. For each item, state: a. The nature of the item; b. The location of the item; c. The account number or other identifying information; The balance therein or value thereof as of the date of separation and at the present; e. Identify any co-owner; .L^w O ~'~oas OF LEBEZ & WATSON OHE E~I' THIRD ST. COUD£P. SPOm', PA -6- fo Identify the custodian of the passbook or other means of authorization, if any; anti go The source of the monies which purchased the item or which were deposited in the account. 11. Identify any safe deposit boxes, vaults, safes or othe[ places of deposit and safe keeping in which you deposited money, documents, or other items of property during your marriage. For each item, state:. a. The ham~ and location Of the institUtion wWer~ it is located; b. 'The name or names in which it is registered; c. The number or other identifying informatiOn; d. itemize the contents and value thereof; e. Identify all who have access thereto; and The number of times it was visited in the last three years and the purpose of each visit. 12. Identify all shares of stock, securities, bonds, and any other investments (excluding real estate) which you~ own or in which youi have an ownership interest. For each item, state: A description of the nature of the item, including the number of shares owned at separation and the number of shares owned presently; Ce fo go ko Identify any co-owners or interest holders other than yourself; The date(s) of acquisition; The purchase pdce; If not purchased, the value at acquisition; The value per share on the date of separation, and the present value per share; Its present location; The amount and frequency of any dividends, interest or income payable; The maturity date of any {bond; Whether any item is subject to any lien or security interest and, if so, identify the holder of the lien or security interest, the amount thereof, and the reason for the lien or security interest; and Identify the custodian of any certificate or other written · evidence of such investment. Whether you have invaded the principal or cashed out any said investments within the past two (2) years, and the date and value thereof when cashed. -8- · L~w O~s O~ L~u~g & W~TSON CO{JDERSPORT, PA 13. For each parcel of real estate in which you hold title or any ownership interest, state: a. The location (mailing address and municipality); b. A description of the property and any improvements, including deed book and page number; c. The nature of your ownership interest; d. The date acquired; e. The purchase price; f. If not purchased, its value at acquisition and the manner by which you acquired ownership; g. The fair market value at the date of separation and at present; h. Identify any co-owner and their interest; I. Identify any mortgage holder or lien holder andlthe date and present amount of ally lien and the amount of any lien on the date of final separation; and j. If you have received any rents or income from or for the use of the property at any time in the last two {2) years, state the amount of rent or income recei[ved, the frequency of receipt, and the identity of the payer(s). -9- .LAw OFFIOES OF LEaea & W~.m'so, Or~£ EASt TmRv ST COUrt. SPORt. PA 14. Are there any outstanding obligations, including but not limited to mortgages, contract obligations, promissory notes, credit cards, and/or other marital debt or liabilities executed by you, or by you jointly with any other person? If so, for each such obligation, state: a. Identify the creditor; b. The nature of the obligation; c. The account or loan number; d. The date the obligation was incurred; e. What benefit you received for assuming liability for the obligation (such as monies loaned to you or other benefits which you may have received); f. The amount and frequency of any payments thereon; g. The unpaid balance of the obligation at the date of separation and at present; and h. A description of any property given to secure repayment of the obligation. 15. Within the past one (1) years, have you bought, sold or transferred any item of property of any nature having a value in excess of $500.00? If so, for each such sale or transfer, state: Identify the property sold; The date of the sale or transfer; LAW OFFI~ OF LE~ER & v~rATSON Or~ E^s'r T.r~ ST. COUDERSPO~T, P~ c. The sale pdce; d. Identify any salesperson, agent or broker involved in the sale; e. Identify the purchaser; f. The net gain or loss resulting from the sale; g. The date you acquired properb/; and h. Your purchase price for the property and the cost of any improvements made to it (if not purchased, then state the value at the time of acquisition). 16. Is any person or entity holding iQ trust for your benefit or use any item of property? If so, for each such item: a. Identify the custodian; b. Identify the item of property held by the custodian; and c. The fair market value of the item. 17. Are you a party to any contract or option of any kind, not already identified in any other Answer?. If so, provide the details of such contract or option and attach copies of all documents relating thereto. 18. Do you contribute to any person's support or welfare? If so, for each such person, state: -11- L^w Omc~s O~ L~R & W~,xso~ O~E Essr'l~mr~ S~. COU~£~S~O~T, PA a. Identify the person; b. The relationship of such person to you; The amount and frequency of payments made by you to that person; d= Whether payments are voluntary, by agreement Or court order; and If there is any court proceeding involved other than this divorce, please give the proceeding by Court and docket number. 19. Do you expect to inherit any Property or money in the ~uture, and, if so, from whom and in what amount? 20. Are you the owner of, or do you have any ownership interest in, or have you invaded the principal of, within the past two (2) years, any IRA account, SEP IRA, 401(k), Keogh plan, defined contribution or defined benefit pension plan, annuity, profit sharing plan or any other pension or retirement Plan, asset or fund of any nature whatsoever?. If so, for each item, state: a. The nature of the item; bo Identify the holder of the assets or custodian:of the plan; Co The amount or value of all contributions made by' you or on your behalf (i.e., by your' employer) from the Uate of marriage until the date of separation; -12- .L~w O~c~s O~ L~z~ & WA~sos 0~£ F~ ~l~mv Sr. COUDF. RSPOKI', PA The monthly benefits which you would or could receive upon retirement at normal retirement age, based upon contributions made from the date of marriage until the date of separation; The monthly benefits which you would or could receive upon retirement at normal retirement age, based upon all contributions made to the present; f= If not a pension plan, the balance in the I~lan or account, both at present and on the date Of final separation; and If a pension, the present value of the plan, both at present and on the date of final separation. If the principal has been invaded or cashed in dudng the last two (2) years, the gross amount received and date thereof. Whether you have ever rolled over retirement funds into other investments or retirement plans, and, if so, the amount rolled over, type of investment rolled over into, and the current value of said investment. 21. Do you have any interest of any nature whatsoever in any property not identified in any other Answer, whether you hold the @reperty personally, you hold it for someone else, or it is being held for you? if so, for each such item of property, state: a. The nature of the preperty; b. The nature of your interest; -13- L^w Omc'Es OI, LE~R & WA'rSON ONE EAST T~IRD ST. COUt)£RSPORT, PA c. The location of the property; d. The value of the property; and e. Identify any co-owner or other person having any interest in the property. 22. For each policy of life insurance that you own, are named as beneficiary, or which insures your life, state: a. Identify the insurer; b. Identify the person whose life is insured; c. The amount paid upon the death of the insured; d. The nature of the policy (i.e., term, whole life, combined life, etc.); e. The cash surrender value of the policy at separation; f. The date the policy was taken out; g. Identify who pays the premium for the policy land the amount of the annual premium; and h. Identify any and all beneficiaries to such policies. 23. State the name, address and telephone number of ea(~h expert witness that you expect to call at the trial of this case and, for each expert, state: .LAw OFF~C~ OF LEBER ~C WATSON ONE F~ST Ta~ ST. COUD~O~, PA A complete curriculum vitae, including but not limited to all schools attended, the dates of attendance and degrees received; any other education or training received, whether professional or not, and setting forth where and when received; entire employment history which is directly or indirectly connected with her area of expertise; and all experience or qualifications relevant to her area of expertise; b= The subject matter upon Which the expert is expected to testify; The substance of the facts and opinions to which the expert is expected to testify; d. A summary of the grounds 'for each such opinion; and Your Answers to b, c, and d above must be signed by the expert, or you may attach a copy of the expert's report to your Answers to these Interrogatories. 24. State your adjusted gross income for the past two (2) calendar years, and attach a copy of your Federal Income Tax returns for thosel years to your AnsWers. 25. List any and all marital or non-marital real or personal property which you contend were received by gift or inheritance. Date: ANDY J. WAToON, Attomey for Defendant 1 East Third Street Coudersport, PA 16915 (814) 274-8612 , 2003 WAYNE F. SHAD[ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MARTHA F Plaint Vo /qlLLIAM [ Defer WAY tbove-captic the above-ca prepaid, retu Defendant o bearing Cert herein are m falsification Date: Octot KEIFER, ff .. KEIFER, JR., dant : IN THE COURT OF COMMON PLEAS O] : CUMBERLAND COUNTY, PENNSYLV^ : CIVIL ACTION - LAW : : NO. 03-3391 CIVIL TERM : : 1N DIVORCE AFFIDAVIT OF SERVICE NE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in tl~ ned matter, that he did, on July 16, 20,03, serve the Complaint in Divon ~tioned matte? upon Defendant by certified United States mail, postage n receipt requested, addressee only, and that the same was received by ~ July 19, 2003, as evidenced by the return receipt card attached hereto fied No. 7099 3400 0018 5044 8653. It is understood that false statem ~de subject to the penalties of 18 Pa.C.S. §4904 relating to unswom to authorities. er 28, 2003 Wayn~F. Shade rots .55 2.30 1.75 3.50 $ 8.10 Postmark Here July 16, t, t.N 'orPOB o gox C::I q~, sram, z,/P+4 ~ ~ustln PA 16720 2003 · 1, 2, and 3. Al~o ~ ~m 4 if Re.Tiered Delivery Is dee~e~. · F~ your n~e ~ ~ ~ ~e mv~ '~e ~ ~um ~ ~ to y~. · A~ c~ to the ~ck of the mall~e, or on the front if 1. Article Addressed to: William ~B. Keifer, P.O. Box 194 Austin, PA 16720 Jr. PS Fo~m 3811, August 20el D. Is daite~ addmae dlffere~ from item 1 ? If YES, enter delivery addree~ below: i-1 Agent i"'l No r'~certifled Mall D Expma~ Mail [] Registered n Return Receipt for Merchandise I ~1 [] Insured Mail [] C.O.D. 7099 3400 0018 5044 8653 O~ [~stum ~ 1~M~35 MARTHA F. KEIFER, Plaintiff WILLIAM B. KEIFER, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-3391 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF POTTER ) A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on July 16, 2003, and served on July 19, 2003. 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. I consent to the entry of a Final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. 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: January aa , 2004 William B. Keifer, Jr. WAYNE F. SHADE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, madethis 8th dayof January ,2004, at Carlisle, Cumberland County, Pennsylvania, by and between MARTHA F. KEIFER of 3804 Vine Street, Camp Hill, Pennsylvania 17011 (hereinafter referenced as "Wife") AND WILLIAM B. KEIFER, JR., of P.O. Box 194, Austin, Pennsylvania 16720 (hereinafter referenced as "Husband"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since April 11, 2002. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §401 of the Pennsylvania Divorce WAYNE F. SHADE Attorney at Law Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and soumes of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway 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. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and shall forever be binding and conclusive on the parties; and any independent action may be -2- WAYNE F. SHADE Attorney at Law 53 West Pomf~t Street Carlisle, Pennsylvania brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are 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. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. 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; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, nor 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 purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that -3- WAYNE: F. SHADE Attorney at Law 53 West Pomfret Street Carlisle~ Pennsylvania 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 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. 2.04 Representation by Independent Counsel. Each of the parties is represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Andy J. Watson, Esquire, ofLeber & Watson, LLP. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. (a) Concurrently with execution of this Agreement, Husband shall execute a special warranty Deed to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the real estate premises known and numbered as 3804 Vine Street, Camp Hill, Pennsylvania, and more particularly bonnded and described in a Deed from J. Vincent McCarthy and Mary Ellen McCarthy to William B. Keller, Jr. and Martha F. Keifer dated June 3, 1968, and recorded in Cumberland County Deed Book "U", Volume 22, Page 402, with improvements thereon erected. The Deed shall be held in escrow by counsel for Husband pending issuance of a full and final Decree in -4- WAYNE F. SHADE Divorce. Wife shall have exclusive possession of said real estate pending further agreement of the parties or Order of Court. (b) Concurrently with execution of this Agreement, Wife shall execute special warranty deeds to be prepared by counsel for Husband which will transfer to Husband all of her right, title and interest in and to the real estate premises more particularly bounded and described in a Deed from Della Gertrude Johnston, et al., to William B. Keifer, Jr. and Martha F. Keifer, dated January 26, 1972, and recorded in Potter County Deed Book 189, Page 12, with improvements thereon erected, and in a Deed from Edmond Rossetti and Josephine Rossetti to William B. Keifer and Martha F. Keifer dated September 27, 1996, and recorded in Potter County Deed Book 261, Page 171. The deeds shall be held in escrow by counsel for Wife pending issuance of a full and final Decree in Divorce. Husband shall have exclusive possession of said real estate pending further agreement of the parties or Order of Court. 3.02 Equitable Division of Personal Property. (a) Concurrently with execution of this Agreement, Husband shall execute a Limited Power of Attorney to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the 2002 Lincoln Continental. The Limited Power of Attorney shall be held in escrow by counsel for Husband pending issuance of a full and final Decree in Divorce. Wife shall have exclusive possession of said vehicle pending further agreement of the parties or Order of Court. WAYNE F. SHADE 53 West Pomfrct Street 17013 (b) Concurrently with execution of this Agreement, Wife shall execute Limited Powers of Attorney to be prepared by counsel for Husband which will transfer to Husband all of her right, title and interest in and to a 1989 Suzuki 4-wheeler and a 1998 Ford F-150 pick-up truck. The Limited Powers of Attorney shall be held in escrow by counsel for Wife pending issuance ora full and final Decree in Divorce. Husband shall have exclusive possession of said vehicle pending further a~eement of the parties or Order of Court. (c) Husband shall retain absolute ownership of all firearms, with the exception of a .22 caliber Ruger handgun, serial #6341364, which shall be the property of Wife. (d) Husband shall retain absolute ownership of all antique clocks, approximately 54 in number, with the exception ora Seth Thomas railroad clock in the dining room of the marital dwelling and a Seth Thomas red mantle clock that was a gift to Wife from her mother, both of which shall be the property of Wife. Any property assigned to Husband under the terms of this Agreement that is in the marital dwelling at 3804 Vine Street, Camp Hill, Peunsylva~ia, and is not removed therefrom by Husband by 5:00 P. M. on June 30, 200~[, shall be regarded as abandoned to Wife. other similar untitled personal property that is in his possession in Potter County, Pennsylvania. -6- WAYNE F. SHADE Attorney ~t Law Carlisle, Pennsylvania (f) Wife shall retain absolute ownership of all furniture, household goods and other similar untitled personal property that is in her possession in Cumberland County, Pennsylvania, other than the aforesaid firearms and clocks. (g) Wife shall retain absolute ownership of the M&T Bank checking account #505143775372, her Federal Civil Service Retirement System Thrift Savings Plan account # 175301183, her Phoenix Investment Partners, Ltd. IRA, her MetLife life insurance policy, five $200 U. S. Savings Bonds, Series EE, her New Cumberland Federal Credit Union account #002001 and the right to one of the caskets, vaults and interments in cemetery lots at Woodlawn Memorial Gardens, 4855 Londonderry Road, Harrisburg, Pennsylvania. (h) Husband shall retain absolute ownership of the Citizens Trust Company savings account, the MetLife variable annuity #073318116AB, his ING Reliastar annuity, his MetLife life insurance policy and the fight to one of the caskets, vaults and interments in cemetery lots at Woodlawn Memorial Gardens, 4855 Londonderry Road, Harrisburg, Pennsylvania. (i) To complete equitable distribution, Wife will pay to Husband the sum of Forty Thousand and NWl 00 ($40,000.00) Dollars immediately upon closing upon Wife's financing for the same. 0) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, -7- WAYNE F. SHADE employee pension, stock, profit sharing and savings plans, if any, of the other. Such release will expressly extend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (k) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Wife shall assume responsibility for payment of loan #JJA4808638 at Ford Motor Credit Company. 4.02 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.03 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this A~'eement. -8- WAYNE F, SHADE ARTICLE V ALIMONY 5.01 Waiver. Each of the parties waives alimony generally. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enlbrcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. WAYNE F. SHADE (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of Ail Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement, -10- WAYNE F. SHADE Aitorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases ofintestacy. (c) to act as executor or administrator of the other parties' estate. 7.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery issued to Husband in the pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, -12- WAYNE F. SHADE the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The party to whom the asset was not disclosed shall be entitled to seek, from the non-disclosing party, payment of reasonable counsel fees, costs or expenses incurred in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 7.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acla~owledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as 1o the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or. having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. -13- (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 7.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. WAYNE F. SHADE Ai~omey at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 -14- 7.12 Successors and Assigns. This Agreement will be binding on and inure to thc benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 7.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. 7.14 Condition Subsequent. This Agreement is expressly contingent upon the parties' filing mutual consent to the pending divorce proceedings within thirty (30) days of the date of this Agreement, which consent will not be revoked prior to issuance ora full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. This Agreement is further expressly contingent upon Wife's ability to borrow thc sum of Forty Thousand and No/100 ($40,000.00) Dollars at prevailing market interest rates for residential first mortgages. 7.15 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In thc event of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duration after the date of this Agreement, this Agreement shall remain in full WAY,NE F. SHADE Attorney at Law 53 w¢~teo~t~t st~t force and effect in the absence of a written Agreement signed by both parties hereto Carlisle, Pennsylvania expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. 1N WITNESS WHEREOF, the parties hereto have hereunto set their hands and Martha F. Keifer seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: (SEAL) William B. Keifer, Jr. WA Y~E F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania -16- STATE OF FLORIDA COUNTY OF MONROE On this, the ~ ~'Jh day of ) ) SS: ) ,2004, before me, the undersigned officer, personally appeared MARTHA F. KEIFER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~.~ ~, Rob~'l M Sch~tt~' !'~. ~co~mi.i~ ooo~o.~ Notary Public WAYNE F. SHADE -17- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF POTTER ) On this, the ~u day of ~AqyV~ ,2004, before me, the undersigned officer, personally appeared WILLIAM B. KEIFER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Notarial Seal Dent~e M. Miller, Notary Poblic amy comnussio~ F. xpit~ 11~. 19, 21105 WAYNE F. SHADE -18- WAYNE F. SHADE MARTHA F. KEIFER, Plaintiff WILLIAM B. KEIFER, JR., Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3391 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Please 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) of the Divorce Code. 2. The date and manner of service of the Complaint were July 16, 2003, by United States certified mail, postage prepaid, addressee only. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was January 24, 2004, and by Defendant was January 8, 2004. 4. Related claims pending: None. Date: February 13, 2004 WayneeF. Shade Attorney for Plaintiff IN THE COURT OF COMMON PLEAS STATE OF MARTHA F. KEIFER, Plaintiff OFCUMBERLANDCOUNTY PENNA. NO. 03-3391 CIVIL TERM VERSUS Defendant JR. ~ DECREE IN DIVORCE AND NOW, DECREED THAT ~'~/.~,,~.~, /~'a , '2'~O/~/, IT IS ORDERED AND MART}LA F. KEIFER , PLAINTIFF, AND WILLIAM B. KEIFER, JR. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All other claims have been resolved in a Property Settlement aL~d Separation Agreement dated January 8, 2004, a copy of which is attached and incorporated, but not merged, herein by reference as though fully set fnrtb. BY THE COURT: . / PROTHONOTARY