Loading...
HomeMy WebLinkAbout07-3141.I DOUGLAS A. KEEGAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. MAGDALENA E. KEEGAN CIVIL ACTION - LAW IN DIVORCE Respondent NO FAULT 07 - 3(1-/( (27, NOTICE TO CLAIM RIGHTS YOU HAVE BEEN sued in Court for Divorce. If you wish to defend against the claim for Divorce 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 may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. There are no other claims in this Petition other than for Divorce, the termination of the marriage, by No-Fault. When the ground for the divorce is an "irretrievable breakdown of the marriage " as in this Petition, or called a No Fault Divorce, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse. Carlisle, Pennsylvania, 17013. You need not use a marriage counselor from that list. The Plaintiff does not request marriage counseling and waives his right to further counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, ALIMONY PENDE LITE, DIVISION OF PROPERTY, AND LAWYER'S FEES, BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE, IF YOU WANT COUNSEL. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, AND YOU WANT TO SEEK INDEPENDENT LEGAL HELP, GO TO OR TELEPHONE THE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE LISTED BELOW: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HERBE CO GO DSTEIN, ESQ. By Herbert Corky Goldstein, Esq. 59 Central Boulevard Camp Hill, PA 17011 (717) 236-6491 Attorney For Plaintiff 40, DOUGLAS A. KEEGAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C?,'?,' 1 7 e rn? VS. :NO. 07-31Y/ MAGDALINA E. KEEGAN : CIVIL ACTION - LAW Respondent : IN DIVORCE - NO FAULT COMPLAINT IN DIVORCE UNDER SECTION 3301( c ) NO FAULT 1. The Plaintiff is DOUGLASS A. KEEGAN, an adult individual who resides at 19 Lismore Place, Mechanicsburg, Pennsylvania, 17050, (Cumberland County). Social Security # 216-96-4641. 2. The Respondent is MAGDALENA E. KEEGAN, an adult individual who lives at 1400 Bent Creek Boulevard, Apt. 131, Mechanicsburg, Pennsylvania, 17050, (Cumberland County). Social Security # 230-83-9851. 3. Plaintiff and Respondent have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Respondent were married on June 29, 2001, in Lancaster, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between these Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. This is the first marriage for the Plaintiff and Respondent. .w t 9. The Plaintiff has been advised of the availability of counseling and also that either Party may compel the other by Order of Court to attend three (3) counseling sessions. Plaintiff does not wish counseling and hereby waives his right to counseling. 10. Plaintiff and Respondent have been separated since October, 2006. 11. There was one child born in this marriage, Sara L. Keegan, born 6/21/2004. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 ( c ) of the Divorce Code of Pennsylvania, a No-Fault Divorce. Dated: 5//7/0-) 0 DOUGLAS A. KEEGAN, Plaintiff Respectfully Submitted, By: 4? MWCV HE ERT GOLDSTEIN, ESQ. 59 Central Boulevard Camp Hill, PA 17011 (Cumberland County) (717) 236-6491 Attorney For Plaintiff Attorney I.D. #7182 .A. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of the 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DOUGLAS A. KEEGAN 44 W ra w a o c:b DOUGLAS A. KEEGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MAGDALENA E. KEEGAN NO 07-3141 CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Douglas A. Keegan, in the above-captioned action. MV Dat 17 PRAECIPE FOR ENTRY OF APPEARAN Please enter my appearance on behalf of the Plaintiff, Douglas A. Keegan, in the above-captioned action. ABOM & KUTULAKIS, LLP Date) uIu ZQ, Michelle L. Somme , 36 South Hanover Stri Carlisle, PA 17013 (717) 249-0900 ID #93034 uire Camp Hill, PA 17011 (717) 236-6491 a l? ?•.F, III' II II II ss ?L O Cf W N N 0 DOUGLAS A. KEEGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. MAGDALENA E. KEEGAN, DEFENDANT : NO: 07-3141 : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims set forth in the following pages, you must take prompt action. You acre warned that ifyou fail 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 m efrequested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation ofyour 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 LAWYER REFERRAL SERVICE 32 South Bedford Strret Carlisle, PA 17013 TELEPHONE: 717-249-3166 !C) OM CSC' Y-QWULALK1S Michelle I.. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DOUGLAS A. KEEGAN, PLAINTIFF VS. MAGDALENA E. KEEGAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: 07-3141 : CIVIL ACTION -LAW : IN DIVORCE 1. Plaintiff is Douglas A. Keegan, who currently resides at 19 Lismore Place, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Magdalena E. Keegan, who currently resides at 1400 Bent Creek Boulevard, Apartment #131, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 29, 2001, in Lancaster, Lancaster County, Pennsylvania. ADDITIONAL COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in frill. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(a), (c) and 3301(d), in that: a. The Defendant committed adultery. b. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since October 30, 2006, and continue to do so. 9. 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 such counseling. 10. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. ADDITIONAL CQLNT II - EQUITABLE DISTRIBUTION 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from June 29, 2001, to October 30, 2006, the date of their separation, which property is "marital property". 13. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WBEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. r1q DATE ! 0 0?- Respectfully submitted, ABOM&SUTULASIS, L.L.P. &dtm ?' MM Michelle L. Sommer, L . e Supreme Court ID: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff I, DOUGLAS A. KEEGAN, verify that the statements made in this Amended Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date /G17 DOUGLAS A. KEEGAN q J v 'O b ^G a t C'> ? Q ' rr, t3 f rn DOUGLAS A. KEEGAN, Plaintiff V. MAGDALENA E. KEEGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3141 CIVIL ACTION -LAW IN DIVORCE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(a), (c) & (d) of the Divorce Code, upon the Defendant's attorney, by depositing, or causing to be deposited, same in the U.S. mail, addressed as follows: Suzanne Spencer Abel, Esquire Newharth Law Office 232 Lincoln Way East Chambersburg, PA 17201 Attorney for the Defendant Acceptance of Service acknowledging receipt on September 7, 2007, is attached as Exhibit "A". Date: 6111& * ABOM & SUTMAJUS, LLP " (k. im am? Michelle L. So r, Esquire Supreme Court I.D. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717)249-0900 Attorney for Plaintiff v 10 DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 07-3141 MAGDALENA E. KEEGAN, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE AND NOW, this J?day of 39 46 LeLL-, 2007, I, Suzanne Spencer Abel, Esquire, hereby certify that I did receive and accept service of the Amended Divorce Complaint in the above captioned matter on behalf of the Defendant, Magdalena E. Keegan, and I further certify that I am authorized to do so. Respectfully submitted, o,h 9 64? /I h Suz Spencer 1, Esquire Newh Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Attorney for the Defendant f r,r rr rr ?r rr O rr rr O rl.D O Cam' F ;X co 5; L DOUGLAS A. KEEGAN, Plaintiff VS. MAGDALENA E. KEEGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3141 CIVIL ACTION - LAW DIVORCE DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT UNDER SECTIONS 3301(a), 3301(c) and 3301(d) OF THE DIVORCE CODE AND NOW comes Defendant, Magdalena Keegan, by and through her counsel, Suzanne Spencer Abel, Esq., of Neuharth Law Offices, who respectfully Answers and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. No response required. 6. Admitted. 7. (a) Denied. In the alternative, any conduct by Defendant that could possibly be construed as adultery was negated by Plaintiffs subsequent condonation. (b) Admitted 8. Denied that the parties have lived separate and apart since October 30, 2006. Admitted that the parties have lived separate and apart since May 30, 2006. 9. Admitted. 10. Admitted. 11. No response required. 12. Admitted that the parties acquired both real and personal property during the course of their marriage. Denied that October 30, 2006 was the date of separation. 13. Admitted. 14. Admitted. NEW MATTER 15. Paragraphs one (1) through fourteen (14) of this Answer are incorporated herein by reference 16. Divorce is sought by Defendant pursuant to the provisions of the Divorce Code, §3301(a) in that Plaintiff's conduct during the course of the marriage constituted: a. Willful and malicious desertion through constructive abandonment; b. Cruel and barbarous treatment; C. Such indignities to Defendant as to render her life intolerable and burdensome. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property, and grant the divorce. Respectfully submitted, 5MAX 41'a I F1 A119 S e Spin r Abel Attey ID No.: 202443 Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 (717) 263-2928 FAX Attorney for Defendant, Magdalena E. Keegan { - VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: I ? p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. KEEGAN, Plaintiff VS. MAGDALENA E. KEEGAN, Defendant NO. 2007 - 3141 CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Answer with New Matter to Plaintiff's Amended Complaint for Divorce, I am this day serving a copy of same via hand delivery to the following: Michelle Sommer, Esq., Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Douglas Keegan 19 Lismore Place Mechanicsburg, PA 17050 Date: -q/,w k -,-t 11 It fi- ;t mn oil it', e ncer Abel uharth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 o 124= ?i M m IP ?? r Fv N DOUGLAS A. KEEGAN, PLAINTIFF VS. MAGDALENA E. KEEGAN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO: 07-3141 : CIVIL ACTION -LAW : IN DIVORCE DOUGLAS KEEGAN, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ X] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendent Lite [ X] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has not appeared in the action personally. 3. The statutory ground(s) for the divorce are: §3301 (a), (c), & (d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: i. Divorce ii. Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: N/A DATE 1 ILI 0-+ y - MICHELLE L. SO ER, Esquire Attorney for Plaintiff AND NOW, 2007, , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J? o trs D -„ "CJ co NOV14W DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 07-3141 MAGDALENA E. KEEGAN, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE DOUGLAS KEEGAN, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ X] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendent Lite [ X] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Plaintiff states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has not appeared in the action personally. 3. The statutory ground(s) for the divorce are: §3301 (a), (c), & (d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: i. Divorce ii. Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: N/A DATE I I IL) t MICHELLE L. SO ER, Esquire Attorney for Plaintiff AIVD IVOW. X00441- 152007, G • 6? & All, IT -, Esquire, is appointed Master with respect to the following claims: ,ddb '&.L'eX BY T OUR , k J C C%J Kr 7D < 0 - -a LL- r _c G in 3 ,. a- LLI ..1 Y C- ? ? CD M W . ?5 C= C= N 4/ l - DOUGLAS A. KEEGAN, Plaintiff VS. MAGDALENA E. KEEGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3141 CIVIL ACTION - LAW DIVORCE PETITION TO WITHDRAW APPEARANCE ON BEHALF OF DEFENDANT AND NOW comes Petitioner, Suzanne Spencer Abel, Esquire, of Neuharth Law Offices, who respectfully represents as follows: 1. Petitioner, Suzanne Spencer Abel, Esq., of Neuharth Law Offices, maintains an office at 232 Lincoln Way East, P.O. Box 359, Chambersburg, PA 17201. 2. Defendant, Magdalena Keegan's, last known address is 1400 Bent Creek Boulevard, Apartment 131, Mechanicsburg, PA 17050. 3. Defendant, retained Petitioner on or about August 10, 2007, for representation in the above-captioned matter. 4. Petitioner has provided extensive services to Defendant over the last several months. 5. Plaintiff currently has an outstanding balance due to Petitioner's office, which Defendant listed on her Petition for Bankruptcy. 6. By email dated October 14, 2007, Defendant notified Petitioner that her services were no longer wanted. 7. Petitioner seeks to accommodate Defendant's request and withdraw her appearance on behalf of Defendant. 8. Counsel for Plaintiff, Michelle Sommer, Esquire, has been contacted and does not oppose the relief requested herein. 9. Defendant requested, and therefore does not oppose, the relief requested herein. WHEREFORE, Petitioner respectfully requests this honorable Court grant Petitioner leave to withdraw her appearance on behalf of Defendant in the above-captioned matter. Respectfully submitted, 11 11 Js?nl uz Spence Abel Su pre e Ct. ID #: 202443 Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. t'yv vjlljt?' Date uza Spencer bel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. KEEGAN, Plaintiff vs. MAGDALENA E. KEEGAN, Defendant NO. 2007 - 3141 CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via regular U.S. Mail to the following: Magdalena Keegan 1400 Bent Creek Boulevard, Apartment 131 Mechanicsbrug, PA 17051 I certify that, concurrent with filing the foregoing Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via hand delivery to the following: Michelle Sommer, Esq., Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Date: Z 0_ //, gyz?nne Spe cer Abel NvAarth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 r, ? ? c:J "_' ---t n --? -° ='` -r? _.? ?.,? _. -??? CvF 7 "? DEC 1 22007f? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. KEEGAN, Plaintiff NO. 2007 - 3141 VS. CIVIL ACTION - LAW MAGDALENA E. KEEGAN, DIVORCE Defendant ORDER OF COURT AND NOW, this day of December, 2007, upon consideration of the foregoing Motion, it is hereby ordered that 1. A Rule is issued upon the Defendant to show why the moving party is not entitled to the relief requested; . k,.. --4 , 2. Defendant shall file a verified Answer to the Motion within ten (10) days ofit? 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; 47'-Armument shall be held on , the y of 2007, at clock am / pm, in Courtroom # of the Cumberland County Co e; and xe 1) in the event that Defendant s an answer, a hearing on within petition is hereby scheduled to b d on at _.M. in courtroom on the 4th Fl of the Cumberland County Courthouse, Carlisle, PA; 5. Notice of the entry of this Order shall be provided to all parties by the moving party. nV TUP CC)T TRT- J. & i???'ANIAlASNN3d Z 1 :8 WV 81 330 LODZ MKQNQWdd 3U JO 3OH-0-UH a , s DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, this 7th day of January, 2008, comes Movant, Suzanne Spencer Abel, Esq., of Neuharth Law Offices, and who respectfully moves this Court to make absolute the Rule that was issued on December 18, 2007, upon Defendant, Magdalena Keegan, to show cause why the Court should not grant Movant leave to withdraw her representation of Defendant in the above- captioned matter. In support of her motion, Movant makes the following averments: 1. Movant served Defendant with a copy of the Rule to Show Cause and Order on December 11, 2007. A Copy of the Certification of Service is attached as Exhibit A. 2. The Order of Court dated December 18, 2007 required Defendant to file a verified answer to Movant's petition within ten days of service upon Defendant. More than ten days have elapsed since Defendant was notified of this action and more than five days have elapsed after the rule return date. 3. As of January 7, 2008, Plaintiff has not responded to the December 18, 2007, Order of Court. 4. Defendant requested Movant discontinue representing Defendant in the above-captioned matter. 5. Movant sought to accommodate Defendant's request and withdraw her appearance on behalf of Defendant. I WHEREFORE, Movant, Suzanne Spencer Abel, respectfully requests this Honorable Court grant the undersigned leave to withdraw as counsel of record for Defendant in the above- captioned matter. Respectfully submitted, 4 Suza Spencer Abel Supre e Ct. ID #: 202443 Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date MU) u e Spence Abel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. KEEGAN, Plaintiff vs. NO. 2007 - 3141 CIVIL ACTION - LAW MAGDALENA E. KEEGAN, Defendant DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via regular U.S. Mail to the following: Magdalena Keegan 1400 Bent Creek Boulevard, Apartment 131 Mechanicsbrug, PA 17051 I certify that, concurrent with filing the foregoing Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via hand delivery to the following: Michelle Sommer, Esq., Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Date: ' e. //' e Spe er Abel Nk-Aarth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 CL r x DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE AMENDED MOTION TO MAKE RULE ABSOLUTE AND NOW, this 14th day of January, 2008, comes Movant, Suzanne Spencer Abel, Esq., of Neuharth Law Offices, and who respectfully moves this Court to make absolute the Rule that was issued on December 18, 2007, upon Defendant, Magdalena Keegan, to show cause why the Court should not grant Movant leave to withdraw her representation of Defendant in the above- captioned matter. In support of her motion, Movant makes the following averments: 2. 3. 4. 5. Movant served Defendant with a copy of the Rule to Show Cause and Order on December 11, 2007. A Copy of the Certification of Service is attached as Exhibit A. The Order of Court dated December 18, 2007 required Defendant to file a verified answer to Movant's petition within ten days of service upon Defendant. More than ten days have elapsed since Defendant was notified of this action and more than five days have elapsed after the rule return date. As of January 14, 2008, Plaintiff has not responded to the December 18, 2007, Order of Court. Defendant requested Movant discontinue representing Defendant in the above-captioned matter. Movant sought to accommodate Defendant's request and withdraw her appearance on behalf of Defendant. 6. No Judge has ruled upon this, or any other issue, in the same or related docketed matter. 7. Opposing counsel, Michelle Sommer, Esq., has been contacted, and she concurs with this Petition. WHEREFORE, Movant, Suzanne Spencer Abel, respectfully requests this Honorable Court grant the undersigned leave to withdraw as counsel of record for Defendant in the above- captioned matter. Respectfully submitted, S e Spenc Abel Supre a Ct. ID #: 202443 Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. D? Date Suz a Spence Abel Y DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Amended Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via regular U.S. Mail to the following: Magdalena Keegan 1400 Bent Creek Boulevard, Apartment 131 Mechanicsburg, PA 17051 I certify that, concurrent with filing the foregoing Amended Petition to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via hand delivery to the following: Michelle Sommer, Esq., Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Date: "/ 6 S e Spe er Abel Ne arth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 r a C) ¢n ril ?,...... r x J _ t 11 1 DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE AMENDED MOTION TO MAKE RULE ABSOLUTE AND NOW, this 1st day of February, 2008, comes Movant, Suzanne Spencer Abel, Esq., and who respectfully moves this Court to make absolute the Rule that was issued on December 18, 2007, upon Defendant, Magdalena Keegan, to show cause why the Court should not grant Movant leave to withdraw her representation of Defendant in the above-captioned matter. In support of her motion, Movant makes the following averments: 1. Movant served Defendant with a copy of the Rule to Show Cause and Order on December 11, 2007. A Copy of the Certification of Service is attached as Exhibit A. 2. The Order of Court dated December 18, 2007 required Defendant to file a verified answer to Movant's petition within ten days of service upon Defendant. More than ten days have elapsed since Defendant was notified of this action and more than five days have elapsed after the rule return date. 3. As of January 31, 2008, Plaintiff has not responded to the December 18, 2007, Order of Court. 4. Defendant requested Movant discontinue representing Defendant in the above-captioned matter. 5. Movant sought to accommodate Defendant's request and withdraw her appearance on behalf of Defendant. 6. The Honorable Kevin Hess has ruled upon this mater, issuing a Rule to Show Cause dated December 18, 2007, in the same or related docketed matter. 7. Opposing counsel, Michelle Sommer, Esq., has been contacted, and she concurs with this Petition. WHEREFORE, Movant, Suzanne Spencer Abel, respectfully requests this Honorable Court grant the undersigned leave to withdraw as counsel of record for Defendant in the above- captioned matter. Respectfully submitted, 1 r /1 Sb` a Spencek Abel Supr e Ct. ID #: 202443 Spencer Abel Law Office 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. A(w ? A0 PIN 0 01 Date Suza in e Spence Abel 4 DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Amended Motion to Withdraw Appearance on Behalf of Defendant I am this day serving a copy of same via regular U.S. Mail to the following: Magdalena Keegan 1400 Bent Creek Boulevard, Apartment 131 Mechanicsburg, PA 17051 Michelle Sommer, Esq., Abom &r Kutulakis 36 South Hanover Street Carlisle, PA 17013 Date: ') /( ? z nne Sp cer Abel gj?j cer TLaw Office 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Xr JAN 0 9 2nnpoor/ DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3141 MAGDALENA E. KEEGAN, CIVIL ACTION - LAW Defendant DIVORCE ORDER OF COURT AND NOW, this day of 2008, upon the within Motion of Suzanne Spencer Abel, of the Neuharth Law Offices, IT IS HEREBY ORDERED that the Rule which was issued on Defendant, Magdalena Keegan, to show cause why the Court should not grant Movant leave to withdraw her representation of Defendant / Respondent in the above- captioned matter is made absolute and the appearance of Suzanne Spencer Abel, counsel for Defendant, is withdrawn. Until such time as other counsel enters an appearance on behalf of Defendant, all future documents pertaining to this matter shall be served directly upon Defendant the following address: Magdalena Keegan 1400 Bent Creek Blvd., Apt. 131 Mechanicsburg, PA 17050 c n By the Court, NLE zL-- OF T1IE , TAaY 2008 FEB - €3 P 12: 3' 4 pawisyi DOUGLAS A. KEEGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3141 CIVIL MAGDALENA E. KEEGAN, Defendant IN DIVORCE ORDER OF COURT AND NOW this 1 day of Lj? f 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 8, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: t '/Michelle L. Sommer Attorney for Plaintiff V/ Magdalena E. Keegan Defendant BY THE COURT, Edgar B. Bayley, P.J. tt co r, lit- WO- C4 ` y DOUGLAS A. KEEGAN, PLAINTIFF VS. MAGDALENA E. KEEGAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO: 07-3141 : CIVIL ACTION -LAW : IN DIVORCE THIS AGREEMENT, made this day of February DOUGLAS A. KEEGAN, (hereinafter referred to as "HUSBAND', and E. KEEGAN, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 29, 21 County, Pennsylvania; WHEREAS, one (1) child was born of this marriage: Sara L. Keegan, born June 21, 2004, (hereinafter referred to as "Child'D; WHEREAS, disputes and difficulties have arisen between the parties, and i is the present intention of Husband and Wife to live separate and apart, and the parties her to are desirous offsetting their respective financial and property rights and obligations as b tween each other, including without limitation by specification: the settling of all matters b tween them relating to the past, present, and future support and/or maintenance of ife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all cl s and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair oppo nity to obtain independent legal advice of counsel of his or her selection; that Husband ha been represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that ife is pro se. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may b liable in whole or part, and all sources and amounts of income. The parties acknowledge th t they fully understand the facts, and they acknowledge and accept that this Agreement is, un er the circumstances, fair and equitable, and that it is being entered into freely and voluntar. 11 with such knowledge and that execution of this Agreement is not the result of any duress or ndue influence and that it is not the result of any improper or illegal agreement or agreements.I 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and W fe at all times hereafter to live separate and apart from the other party at such place s he or she may from time to time choose or deem fit. The parties shall be free f om any control, restraint, interference or authority, direct or indirect, by the oth r in all respects as fully as if they were unmarried, except as may be necessary to ca out the provisions of this Agreement. Husband and Wife shall not molest, harass, di turb or malign each other or the respective families of each other nor compel or att mpt to compel the other to cohabit or dwell by any means in any manner whatsoe er with him or her. The foregoing provision shall not be taken as an admission on th part of either party of the lawfulness or unlawfulness of the causes leading to the' living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or cl ' s in or against the property (including income and gains from property her inafter accruing) of the other or against the estate of such other, of whatever na e and whosesoever situate, which he or she now has or at any time hereafter m have against such other, the estate of such other or any part thereof, whether arisin out of any former act, contracts, engagements or liabilities of such other or by way o dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right o take against the spouse's will; or the right to treat a lifetime conveyance by the o er as testamentary, or all other rights of a surviving spouse to participate in a de eased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the ght to act as personal representative of the estate of the other; or any rights which an party may now have or any time hereafter have for past, present, future s port, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, w ether arising as a result of the martial relation or otherwise; except all rights and agree ents and obligations of whatsoever nature arising or which may arise under this Agre ment or for breach of any provision hereof. It is the intention of Husband and Wife t give to each other, by the execution of the Agreement, a full, complete and general r lease with respect to any and all property of any kind or nature, real, personal or ed, which the other now owns or may hereafter acquire, except and only except all ghts 2 and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of an in full settlement and satisfaction of any and all of their rights against the other or y past, present and future claims on account of support and maintenance; th t it is specifically understood and agreed that the payments, transfers an other considerations herein recited so comprehend and discharge any and all such cl ' s by each other against the other, and are, inter alia, in full settlement and satisfac on and in lieu of their past, present and future claims against the other in acc unt of maintenance and support, and also alimony, alimony pendente lite, counsel fe s, costs and expenses, as well as any and all claims to equitable distribution of prope , both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any co in the Commonwealth of Pennsylvania or any other jurisdiction, including any other ounsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees at the estate of the other, whether real, personal or mixed, shall be and belong to the erson or persons who would have become entitled thereto as if the decedent had be n the last to die. Except as set forth herein, this provision is intended to constitute a utual waiver by the parties of any rights to take against each other's estate whatsoev r, and is intended to confer third-party beneficiary rights upon the other heir and beneficiaries of each. Either parry may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each f the parties further covenants and agrees that he or she will permit any will of the o er to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enfor e any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under, this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to requir the filing of financial statements by the other, although the parties have been advis d by their respective attorneys that it is their legal right to have these disclosures made 3 prior to entering into this Agreement. Without reliance upon financial disclosZrn re, the parties are forever waiving their right to request or use that as a basis to over this Agreement or any part thereof. ursuant 5. INCOME TAX CONSIDERATIONS. The transfers of propeZe;-?divorce to this Agreement are transfers between Husband and Wife incident to and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately be ore the transfer. The transfers herein are an equal division of marital property for and adequate consideration and as such will not result in any gift tax liability. 6. PENSION PROFIT-SHAKING R TIREMEN"1 UKI:011 UN V1v OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension profit- sharing, retirement, credit union or other employment-related plans in w 'ch the other has any interest by virtue of his or her past or present employment, v?rhether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conform to the criteria set forth in 53502 of the Pennsylvania Divorce Code and taking into count the following considerations: the length of marriage; the age, health, station, mount and sources of income, vocational skills, employability, estate, liabilities and n eds of each of the parties; the contribution of each party to the education, tr ' 1 g or increased earning power of the other party; the opportunity of each party for er acquisitions of capital assets and income; the sources of income of both arties, including but not limited to medical, retirement, insurance or other benefi s; the contribution or dissipation of each party in the acquisition, preservation, depre iaton or appreciation of the martial property, including the contribution of each spou e as a homemaker the value of the property set apart to each party; the standard of li i g of the parties established during the marriage; and the economic circumstances o each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to con titute in any way a sale or exchange of assets, and the division is being effected witho t the introduction of outside funds or other property not constituting martial pro erty. The division of property under this Agreement shall be in full satisfaction f all marital rights of the parties. a. MOTOR VEHICLES. The parties agree that Husband shall have full an sole possession of the 2006 Toyota Corolla. Husband shall become olely responsible for the financial obligation associated with the vehicle he is to etain 4 pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore. The parties agree that Wife shall have full and sole possession of the 2002 Toyota Camry. Wife shall become solely responsible for the financial obligation associated th the vehicle she is to retain pursuant to this Agreement and each party a eyes to indemnify and hold harmless the other party from any and all liability the efore. b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the rnture, household furnishings, appliances, and other household personal roperty between them, and they mutually agree that each party shall from and fter the date hereof be the sole and separate owner of all such tangible personal roperty presently in his or her possession, and this Agreement shall have the effe t of an assignment or bill of sale from each party to the other from such pro erty as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satis action, all items of tangible and intangible marital property. Neither party sh make any claim to any such items of marital property, or of the separate personal property of each parry, which are now in the possession and/or un er the control of the other. Should it become necessary, the parties each agree o sign, upon request, and titles or documents necessary to give effect to this par graph. Property shall be deemed to be in the possession or under the control o 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 this Agr ement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certifi ate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shad have complete freedom of disposition as to their separate property and any pr party which is in their possession or control, pursuant to this Agreement, an may mortgage, sell, grant, convey, or otherwise encumber or dispose o such property, whether real or personal, whether such property was acquired efore, during, or after marriage, and neither Husband nor Wife need join in, cons nt to, or acknowledge any deed, mortgage, or other instrument of the other pe Wing to such disposition of property. c. SALE OF REAL ESTATE. 1. PENNSYLVANIA. 5 1. The parties acknowledge that they are the joint owners of the marital residence situate at 19 Lismore Place, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife aree that as part of the property settlement, said property will be sted for sale. Upon the sale of the premises, the net procee s, after deduction of all expenses, fees and taxes in connection 'th the sale, and after satisfaction of the lien of the existing mortga e, shall be equally divided among the parties. 2. The parties hereby stipulate and agree that they both shall ay and be equally responsible for one-half of the net capital g ' s tax attributable to said sale. They shall cooperate and provi e each other with all the necessary documents in order to estab 'sh the effective tax basis for said premises. If one party fails to ay the portion of the capital gains tax, and the other is asses ed any portion of the capital gains tax attributable to the party wh failed to pay, that party who failed to pay shall indemnify the other with respect to the capital gains tax payment, including any necessary attorney's fees in order to collect this. d. PERSONAL BUSINESS. i. Wife hereby waives any right, title and/or interest that she may have in the following business entity: 1. Douglas Keegan, Financial Planner, Sole Proprietor. ii. Wife hereby acknowledges that she will sign any necessary docum nts in order transfer any legal interest that she may have in the of resaid business entity including, but not limited to, stock certi cotes, shareholders agreements, powers of attorney, and/or tax returns. iii. From the date of execution of this Agreement, Husband shall re all right, title and/or interest in and to the aforesaid business entity as his sole and exclusive property. e. ADDITIONAL CASH SETTLEMENT. i. Husband hereby agrees to pay Wife an additional cash settlement of Ten Thousand Dollars and Zero Cents ($10,000.00) for additional ex enses Wife has incurred throughout the divorce process. This addition cash settlement will be made by Husband to Wife in four (4) separate pay ents of Two Thousand Five Hundred Dollars and Zero Cents ($2,5 0.00) payable by April 15`' each year beginning in 2008 and ending in 2011 6 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability f r which Wife or her estate might be responsible, and he shall indemnify and salve Wife harmless from any and all claims or demands made against her by reason of stitch debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she as not, and in the future she will not, contract or incur any debt or liability fo which Husband or his estate might be responsible, and she shall indemnify a d save Husband harmless from any and all claims or demands made against his by r ason of such debts or obligations incurred by her since the date of said separation, e cept as otherwise set forth herein. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to ay and be responsible for their own attorney's fees and costs incurred with respec to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY ALIMONY PENDENTE LITE COUNSEL FEES D EXPENSES. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands at they may now or hereafter have against the other for alimony, alimony pende to lite, counsel fees or expenses, or for any other provisions for support and main nance before, during and after the commencement of any proceedings for the div rce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to No. 07-1851 in th Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall e free to proceed without further delay to secure the divorce. Both parties shall s gn an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the ivorce Code. In the event, for whatever reason, either party fails or refuses to execut such affidavit upon the other party's timely request, that party shall indemnify, defe d and hold the other harmless from any and all additional expenses, including actual c unsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel or her to execute a consent form and that, absent some breach of this Agreement y the proceeding party, there shall be no defense to such action asserted. 12. CHILD CUSTODY. The parties agreed in a Custody Order that was filed to No. 07-4566 and signed an Order of Court on September 25, 2007, by the Hon rable Edward E. Guido. 7 13. MEDICAL MATTERS. The following shall apply regarding medical insurance on the parties and their Child: a. MEDICAL INSURANCE FOR SPOUSE. Wife agrees to seek coverage solely for herself and Husband agrees to seek coverage solely for himself. Wife gives up the right to any future financial responsibility of the Husba d to be responsible for Wife's medical expenses, including, but not limited t Bone Anchored Hearing Aid placement surgery. b. MEDICAL INSURANCE FOR CHILD. Wife agrees to provide coverage on the Child. 14. DEATH OF EITHER PARTY. Both the Husband and Wife agree th t upon either of their deaths they will provide for the minor Child as said benefici Ties in their Last Will and Testament. 15. LIFE INSURANCE. The parties agree that the current life insuranc policy through AIG for Five Hundred Thousand Dollars and Zero Cents ($500,00 .00) in place upon the Effective Date of this Agreement shall change the beneficia from Wife and designate as irrevocable beneficiaries the parties' Child. Upon expir tion of this policy, Husband Agrees to initiate a new policy for the same amour , Five Hundred Thousand Dollars and Zero Cents ($500,000.00) with an irre ocable beneficiary naming the parties' Child. 16. POST EDUCATIONAL EXPENSES. The parties each acknowledge therein that it is their intent to contribute to the expenses associated with the college o? other post-high school education for the Child, to the extent that they are financially ble at that time. Such expenses would include, without limitation, tuition, room and oard, lab fees, miscellaneous student fees, books, and student supplies, transpo ation expenses for summers and other school breaks, clothing and miscellaneous sp nding money; however the provision herein acknowledging the parties' intent, shall of in any manner, confer third party beneficiary rights unto the Child for the parent Of said expenses. If applicable, both parties shall be involved in and have input in?o the academic institutions selected by the child. 17. BANKRUPTCY. Husband warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement a they resolve the economic issues between the parties incidental to their divorce an the obligations of the parties to each other resulting therefrom shall not be dischar eable 8 in bankruptcy, should either party file for protection under the Bankruptcy Code at any time prior to or after the date of execution of this Agreement. 18. RECONCILIATION. Notwithstanding 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. 19. INCORPORATION IN FINAL DIVORCE DECREE. The term of this Agreement shall be incorporated but shall not merge in the final divorc decree between the parties. The terms shall be incorporated into the final divorced ree for the purposes of enforcement only and any modification of the terms hereof (shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and p suant to the Divorce Code of the Commonwealth of Pennsylvania, and no court atd to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full fo ce and effect regardless of any change in the marital status of the parties. It is wa ranted, covenanted and represented by Husband and Wife, each to the other, at this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date' of the Agreement shall be defined as the date upon which it is executed by the arties?if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rig 9 having the terms of this Agreement enforced as an Order of Court or toj sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. PENNSYLVANIA LAW. The parties agree that the terms of this A Bement and any interpretation and/or enforcement thereof shall forever be governe by the Laws of the Commonwealth of Pennsylvania. 25. WAIVER OF MODIFICATION TO BE IN WRITING. No mo ficat-on or waiver of any of the terms hereof shall be valid unless made in writing an signed by both of the parties. I 26. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the oth r party any and all further instruments, including Deeds and other real estate related documents, titles, or other documents that may be reasonably required to ve full force and effect to the provisions of this Agreement. this 27. SEVERABILITY. If any term, condition, clause or provision $eerwise, Agreement shall be determined or declared to be void or invalid in law or o then only that term, condition, clause or provision shall be stricken fthis Agreement, and in all other respects this Agreement shall be valid and shall tinue in full force, effect and operation. 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is f ' and equitable to each of them. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein re for convenience only. They shall have no effect whatsoever in determining the ri hts or obligations of the parties. 10 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt oa duly executed copy thereof. WITNESSES: DOUGLAS A. KEEGAN Aiav'- AE. KEEGAN 11 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Ours ?erlQy On this 'a-- day of e 2008, before me, the undersigned personally appeared DOUGLAS A. KEEGAN, known to me (or satisfactorily proves the person whose name is subscribed to the within Agreement, and acknowledged 1 executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Scott Boslarx ic, bry Public Lerr"m Bono, Ctrnbei*W County My Carritrrission E)ires Aug. 1, 2011 Member, Pennsylvania Association of Notaries Q-4* J? tOAR-?JUBCIC COMMONWEALTH OF PENNSYLVANIA n SS. COUNTY OF ? t-tv%b e'r)aT\d On this 6 day of Fejr tkar 2008, before me, the undersigned personally appeared MAGDALENA E. KEEGAN, known to me (or satisfactorily pr( be the person whose name is subscribed to the within Agreement, and acknowledged executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Scott Boslarxic, Notary Public Lemoyne Boro, Curnbedand County N ARY Bi IC My Corrunission E)ires Aug. 1, 2011 Member, Pennsylvania Association of Notaries officer, to be she ) to t he 12 ?7 h' ? Cil DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON P, AS PLAINTIFF : CUMBERLAND COUNTY, PENN YLVANIA VS. MAGDALENA E. KEEGAN, DEFENDANT :NO: 07-3141 : CIVIL ACTION -LAW : IN DIVORCE 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on 23, 2007. 2. An Amended Complaint in Divorce under §3301(a), (c) and §3301(d) of Divorce Code was filed on August 29, 2007. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety have elapsed from the date of filing and service of the Complaint. 4. I consent to the entry of a final decree of divorce after service of Notice Intention to Request Entry of the Decree. 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.?. 54904 relating to unsworn falsification to authorities. Date: AO <CC-Al d- DOUGLAS A. KEEGAN, Plaintiff C ?G-_?" L ? '"i'? ,::? .«.. ??? ? ? E S?1 ;:. .?i ? 'a v ,..,? , . ? __ ?. ?? _? frJ ?? _? DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 07-3141 MAGDALENA E. KEEGAN, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE 1. I consent to the entry of a final Decree of 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 rye immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I i understand that false statements herein are made subject to the penalties of 18 Pa.C.' 54904 relating to unsworn falsification to authorities. 2r /,F / ao oy '000 / c? - Date: DOUGLAS A. KEEGAN, Plaintiff DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 07-3141 MAGDALENA E. KEEGAN, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 23, 2007. 2. An Amended Complaint in Divorce under §3301(a), (c) and 53301(d) of the Divorce Code was filed on August 29, 2007. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in 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 unworn falsification to authorities. Date: 43&6 n„ If ! ?. _ ` i .. c?wiMy. I ? l DOUGLAS A. KEEGAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 07-3141 MAGDALENA E. KEEGAN, : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE 1. I consent to the entry of a final Decree of 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. 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 unsworn falsification to authorities. Date: 4 04 n.a a - rt r iz 140 OM & LITuLAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DOUGLAS A. KEEGAN, PLAINTIFF VS. MAGDALENA E. KEEGAN, DEFENDANT To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-3141 CIVIL ACTION -LAW IN DIVORCE Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. September 7, 2007, signed for and accepted by her Attorney, Suzanne Spencer Abel. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff February 8, 2008 b. by Defendant: February 8, 2008 4. Related claims pending: a. Attached Marital Settlement Agreement fully executed: i. by Plaintiff: February 8, 2008 ii. by Defendant: February 8, 2008 ",. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff February 8, 2008 b. by Defendant: February 8, 2008 Respectfully submitted, DATE al !5f 0fS ABOM & KUTULA"S, L.L.P Michelle L. So er, Esquire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff f" ? ? s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 0 DOUGLAS A. KEEGAN, Plaintiff NO. 07-3141 CIVIL VERSUS MAGDALENA E. KEEGAN, Defendant DECREE IN DIVORCE AND NOW, Zoo* , IT IS ORDERED AND DECREED THAT DOUGLAS A. KEEGAN , PLAINTIFF, AND MAGDALENA E. KEEGAN 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; Marital Settlement Agreement dated February 8, 2008 is incorporated but not merged into this Decree PROTHONOTARY .. _E ,