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HomeMy WebLinkAbout03-4081 SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT-LAW 26 W. High Street Carlisle, P A " MORGAN V. KEESLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 03. Lf 0 ~ I vs. CIVIL TERM ROBERT W. KEESLER, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249.3166 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle, P A " MORGAN V. KEESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 03 - hi 0 f I : IN DIVORCE vs. CIVIL TERM ROBERT W. KEESLER, Defendant COMPLAINT MORGAN V. KEESLER, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is MORGAN V. KEESLER, who currently resides at 15 Sussex Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since August 2000. 2. The Defendant is ROBERT W. KEESLER, who currently resides at 5161 Collin Avenue, #404, Miami Beach, Florida 33140, where he has resided since June 2000. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 10, 1990 in LaJolla, California. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNE\'S-AT-LAW 26 W. High Street Carlisle. P A 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. Date: WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: gll&fi7? SAlOIS SHUFF, FLOWER & LINDSAY AITORNEVS'AT-LAW 26 W. High Street Carlisle, P A VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. -'/It ,/' .' .j y~ rgan V. Keesler Date: ,f- /5 - 03 ~ AJ\) 1iit _.......- 1 ~ ~ ~ "" ' I..a "C' \J' \j [", , . "~ . MORGANV. KEESLER, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4081 CIVil.. TERM ROBERT W. KF.F.T SER, Defendant : CIVil.. ACTION - DIVORCE MARITAL SETrLEMENT AGREEMENT --- MARITAL SETI'LEMENT AGREEMENT AGREEMENT, made this zS!~ day of '~~'(! , 2005, by and between ROBERT W. KEESLER, hereinafter referred to as "Bob", and MORGAN V. KEESLER, hereinafter referred to as "Morgan". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on February 10, 1990; WHEREAS, the parties hereto separated on or about August, 2003; WHEREAS, there were one child born during this marriage, Madison M. Keesler, born November 10, 1990; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Bob and Morgan to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and fmally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future &: 1 u/eY support and/or maintenance of Morgan by Bob or of Bob by Morgan; the settling of all matters between them relating to the parties' minor child including co. parenting and maintenance; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Bob and Morgan and their counsel entered into a Collaborative Law Participation Contract dated November 7, 2003, and have used the collaborative law process in negotiating this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Bob and Morgan, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECl' OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that although this Agreement may be ilL' KC 2 r ?i()} . ~1_-17L--- enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms ofthis Agreement or otherwise under law or equity, the parties agree to participate in mediation with a mediator trained in family law mediation to resolve any disputes that may arise with respect to this Agreement. 2. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that although the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof, the parties agree to participate in mediation with a mediator trained in family law mediation to resolve any disputes that may arise with respect to this Agreement and that the parties are unable to resolve on their own. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be dermed as the date upon which it is executed by the parties if they have each executed this 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 this Agreement. ik - --- 3 LIL{/L 4. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Bob by his attorney, Nora F. Blair, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Morgan by her attorney, Carol J. Lindsay, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that, pursuant to their Collaborative Law Participation Contract, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and, except as set forth in this Agreement, that they waive any specific enumeration thereof for the purposes of this Agreement. 5. PERSONAL RIGHTS. Bob and Morgan, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, ilL. 4 U1I/L carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Bob and Morgan shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 6. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 7. MUTUAL RELEASES. Bob and Morgan each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to J ~ 5 L#~L treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any prOvision thereof. It is the intention of Bob and Morgan to give to each other with or upon the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. ;;!L' 6 ~AWL 8. BANKACCOUNTSAND RETIREMENT ACCOUNTS. Bob and Morgan are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Except as indicated below, Bob and Morgan agree that each account or plan shall be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically, Bob's Broadmoor 401(k) and Westin Hotels 401(k) shall be his sole and separate property. The Wachovia checking account ending in 8029 and savings accounts ending in 6668 and 3483 shall be Morgan's sole and separate property. The Wachovia checking account ending in 0588 shall be Bob's sole and separate property. The proceeds from the sale of the parties' condominium in Florida have been placed in an escrow account at M & T Bank. The parties agree that Bob shall receive Forty Thousand Dollars ($40,000.00) from said account and Morgan shall receive the remainder of approximately $74,000.00. Both parties agree to execute any documents necessary to effectuate this paragraph. 9. PERSONAL PROPERTY. Bob and Morgan have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. I2L 7 ~/tiYL Except as indicated below, the parties have divided their personal property to the satisfaction of both parties and each shall retain the property in his or her possession. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties agree that Bob shall receive his mother's silver and his mother's diamond ring and shall retain the "Girl with a Cello" print provided that prior to or upon Bob's death his mother's silver and the "Girl with a Cello" print shall be given to Madison and that his mother's diamond ring shall given to Madison by Bob on or before Madison's twenty-first birthday. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 10. AFI'ER-ACQUffiED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this /lc~ 8 ( I. o(fYfJ 4ff//<-- paragraph, it shall be done immediately upon the request of the other party. 11. REAL ESTATE. The parties are the owners of a house located at 15 Sussex Drive, Carlisle, Cumberland County, Pennsylvania. Morgan shall retain said real estate as her sole and separate property, provided she removes Bob from liability on all liens against said real estate within six (6) months of the date of this Agreement. Bob shall execute a deed transferring his interest in said real estate to Morgan at the time he is removed from liability. Morgan shall be solely responsible for the payment of the mortgage, home equity loan, if any, and all other expenses associated with said real estate as of June 1, 2005. Morgan agrees to indemnify and hold Bob harmless for and against any and all claims arising out of Morgan's failure to make payments as specified in this paragraph. If Morgan is unable to remove Bob from liability within six (6) months of the date of this Agreement, Bob may request that the real estate shall be placed for sale and any reasonable offer shall be accepted. A reasonable offer shall be defined as at least ninety-five percent (95%) of the fair market value with conventional financing or an equivalent offer. Morgan shall receive the full amount of the proceeds from said sale. Each party agrees to execute all documents necessary to implement this paragraph. Wife shall claim the mortgage interest and real estate taxes for federal tax purposes for 2005 and subsequent years. IJL 9 ~/lfL- 12. AUTOMOBILES. The parties own or lease two automobiles. The 2004 Honda Mini-Van shall be Morgan's sole and separate property. Morgan shall be solely responsible for the payment of any loan or lease on her vehicle. Morgan agrees to indemnify and hold Bob harmless for and against any and all claims arising out of Morgan's failure to make payments as specified in this paragraph. The 2000 Saab Convertible shall be Bob's sole and separate property. Bob shall be solely responsible for the payment of any loan or lease on his vehicle. Bob agrees to indemnify and hold Morgan harmless for and against any and all claims arising out of Bob's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 13. STOCK OPTIONS: Bob had stock options from his prior employer. There were 20,000 options that were issued on July, 2001; and 25,000 options that were issued on November 20, 2001. One-third of the options matured each year. At the time Bob was terminated, only one-third of the options could be exercised and Bob had ninety (90) days to divest the options. Bob sold 8,334 shares at 14.1 per share and the proceeds from the sale were placed in the parties joint savings account. 14. BANKRUPl'CY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be ~ ~ 10 LIi~ 4 i ,c- performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured, except as indicated below. Bob and Morgan each agree to retain each other, their child or a trust for the benefit of their child as the beneficiary of their life insurance policies with a face value of at least One Hundred Thousand Dollars ($100,000.00) until Madison is twenty-two (22) Ik 11 Ld~ years of age provided. Currently Bob's only life insurance policy is through his employer under a group term policy with Principal Life Insurance Company having a policy number HI0354-1 and a face amount of $200,000.00. Morgan has applied for term life insurance with Trans America with a face amount of $100,000.00. Further the parties agree that if the face value of the party's life insurance policies does not total One Hundred Thousand Dollars ($100,000.00), the party will name the other party, the parties' child, or a trust for the benefit of the parties' child as the beneficiary of other assets of the party to reach a total death benefit for the parties' child of One Hundred Thousand Dollars ($100,000.00) until Madison is twenty-two (22) years of age. Bob recognizes that it may be difficult for Morgan to raise Madison on her own in the event of Bob's early death, therefore in addition to life insurance for Madison indicated above, Bob agrees to name Morgan as the beneficiary of a portion of his life insurance in the amount of at least $90,000.00 in 2005; $75,000.00 in 2006; $60,000.00 in 2007; $45,000.00 in 2008; $30,000.00 in 2009; and $15,000.00 in 2010. Bob will obtain life insurance from Ohio National or another life insurance company to cover these amounts. 16. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Morgan shall be solely responsible for the payment of any and all debt that is in her name including but not limited to her Bon- ilL 12 L/~ Ton charge account, her Visa account, her American Express account and any other debt in her name.. Bob shall be solely responsible for payment of any and all debt that is in his name including but not limited to his furniture loan, his Victoria's Secret account, his Optima account, his American Express account and any other debt in his name. Bob and Morgan have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, Bob shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Morgan with regard to same. Except as otherwise specifically stated in this Agreement, Morgan shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Bob with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. I1c 13 UfJjL 17. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made in this Agreement is a non-taxable division of property between CQ-QWIlers rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 18. TAX RETURNS. The 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 party in connection with the filing of a joint federal, state or local income tax return for prior years, Bob shall solely responsible for any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. The parties have filed an extension for filing their 2004 federal income tax return and agree to file & 14 CltP/L a joint tax return no later than August 15, 2005. Bob shall be solely responsible for payment of the preparation of the 2004 joint federal income tax return, shall pay any additional tax owed to the Department of the Treasury, and shall receive the full refund, if any, from said filing as his sole and separate property. 19. WAIVER OF PAYMENT OF LEGAL FEES. Morgan shall be solely responsible for payment of her legal fees. Bob shall be solely responsible for payment of his legal fees, except as indicated above. Each party waives the right to have the other party pay any of their legal fees or costs. 20. ALIMONY .AND ALIMONY PENDENTE LITE. Bob agrees to pay alimony pendente lite to Morgan in the amount of Eight Hundred Dollars ($800.00) per month from January 1, 2005, through December 31, 2008; and Six Hundred Dollars ($600.00) per month from January 1, 2009 through December 31, 2010. Said alimony pendente lite payments shall convert to alimony upon entry of the divorce decree. Bob agrees to pay to Morgan one- half of the monthly alimony pendente lite/alimony payment on the fifth of each month and one-half of the monthly alimony pendente lite/alimony payment on the twentieth of each month. If Bob is more than fifteen (15) days late in making a payment pursuant to this paragraph, Morgan may request that the Cumberland County Office of Domestic Relations assume responsibility for collection and enforcement, but not modification, of the ik 15 w~ payments set forth in this paragraph. Morgan acknowledges receipt of the payments in the amount of Eight Hundred Dollars ($800.00) per month for the months of January 1, 2005, through May 31, 2005, prior to the signing of this Agreement. Said alimony pendent lite/alimony payments shall be non- modifiable, shall be included in Morgan's income for federal income tax purposes, shall be deductible by Bob on his federal income tax returns and shall cease upon the death of either party, the remarriage of Morgan or the cohabitation of Morgan as defined in the Divorce Code and as interpreted by Pennsylvania case law. Except as indicated above, Morgan and Bob do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance and it shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 21. WAIVER OF BENEFICIARY DESIGNATIONS. lTnless othe~se specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary dL 16 Gltrt-- designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-d.eath distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 22. CHILD CUSTODY. The parties shall share legal custody and Morgan shall retain primary physical custody of the parties' minor child. A LEGAL CUSTODY. The parties shall consult together frequently by telephone or correspondence if personal conference is impractical, in an effort to mutually agree in regard to the general health and ilL 17 l;i~ welfare, education and development of the minor child to the end that, so far as possible, they may adopt a mutually harmonious policy in regard to the upbringing of said child. Each parent shall be entitled to immediate access from the other or from third parties to records and information pertaining to the minor child including, but not limited to, medical, dental, health, school and educational records. B. GENERAL CUSTODY PROVISIONS. The parties agree that (1) neither party shall attempt, or condone any attempt, directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the child from the other party, or to injure or impair the mutual love and affection of the minor child and shall assure that Madison understands that she is welcome to live in Bob's home; (2) both parties shall, at all times, encourage and foster in the minor child sincere respect and affection for both parents and not hamper the natural development of the minor child's love and respect for the other parent; (3) each party shall keep the other party advised as to any serious illness or other major developments with respect to the minor child; (4) each party shall keep the other party advised of the other party's current residence and business address and telephone numbers; (5) both parties shall encourage and support their child's /?!c 18 LiJ<;;L ----- participation in her activities, including taking their child to planned activities; (6) both parties shall encourage Madison's spiritual growth; (7) both parties shall be entitled to speak with the minor child by telephone at reasonable times and intervals when the minor child is in the custody or subject to the control of the other party; (8) both parties shall discuss with each other any overnight travel of Madison without Bob or Morgan; and (9) Madison shall have an appointment with a licensed therapist selected by Bob and Morgan at least once per month for so long as said therapist believes such is appropriate. C. PHYSICAL CUSTODY. The parties agree that Madison shall reside primarily with Morgan. Madison shall spend as much time as possible with Bob while taking into consideration Madison's ballet schedule and other activities agreed to by Bob and Morgan. Specifically the parties agree that unless Madison is involved in an activity that Bob and Morgan both agreed to, Madison shall spend Easter/spring breaks in even-numbered years, Thanksgivings in odd. numbered years, and Christmas breaks in even-numbered years with Bob; that Madison shall immediately obtain a passport so that she may travel with Bob; that Madison will also spend a minimum of fifteen (15) days of vacation with Bob each year; and that Bob shall enjoy other reasonable periods of partial custody as the parties may dL~ 19 U~L agree. Except is Madison is accompanying Bob on a cruiselbusiness trip, Bob agrees to schedule vacation time for Madison's visits with him. 23. CHILD MAINTENANCE. The parties shall agree upon an amount that Bob shall pay to Morgan as child support. A CHILD SUPPORT. Bob agrees to pay to Morgan child support in the amount of One Thousand Dollars ($1,000.00) per month beginning June 1, 2005 and continuing until Madison is eighteen (18) years of age or has graduated from high school or is no longer attending high school, whichever is later. Bob agrees to pay to Morgan one-half of the monthly child support payment on the fifth of each month and one-half of the monthly child support payment on the twentieth of each month. If Bob is more than fifteen (15) days late in making a payment pursuant to this paragraph, Morgan may request that the Cumberland County Office of Domestic Relations assume responsibility for collection and enforcement, but not modification, of the payments set forth in this paragraph. Bob agrees to notify Morgan immediately and provide documentation promptly if his income increases by more than twenty percent (20%) over his current income of $110,000.00 per year and any additional increase of more than twenty percent (200/0). Morgan agrees to notify Bob immediately de' 20 1I1/rL and provide documentation promptly if her income increases by more than twenty percent (20%) over her current income of approximately $25,000.00 per year and any additional increase of more than twenty percent (20%). Such notification by Morgan shall not include the funds that she receives for student boarders in her home. Upon notification of a change of more than twenty percent (20%) in the income of the other party, the parties agree to modify the amount of support by increasing the amount of child support by .75 times the percentage increase in Bob's gross income if Bob's income increases by more than twenty percent (20%) and decreasing the amount of child support by .10 times the percentage increase in Morgan's income if Morgan's income increases by more than twenty percent (20%). If either party fails to so notify the other of the increase in income, the modification of the amount of child support shall be retroactive back to the date that the party's income increased by more than twenty percent (20%). Either party may request a current pay stub or W-2 from the other party at any time provided that such requests may not be made more than once every six (6) months. B. MADISON'S SAVINGS. Bob and Morgan each agree to deposit Two Thousand Dollars ($2,000.00) at the time the funds are distributed from the M & T Bank escrow account into a savings account for IlL 21 Cj~ Madison set up a bank of Bob's choice. Bob and Morgan may make additional deposits to Madison's savings account in the future. The parties agree that both Morgan and Bob shall have access to Madison's savings account for the purpose of reviewing account transactions and making deposits; that these funds shall be available to Madison after she is eighteen (18) years of age; and that prior to Madison turning eighteen (18), no withdrawals shall be made from the account unless both Bob and Morgan agree to such in writing. C. MISCELLANEOUS EXPENSES. In addition to the support paid by Bob to Morgan, until Madison is eighteen (18) years of age, the parties agree to share the cost of expenses that specifically benefit Madison provided that Bob and Morgan have both been a part of the decision- making process about the expenditure and have concurred in the expenditure. Bob shall pay Seventy Percent (70%) and Morgan shall pay Thirty Percent (30%) of the agreed upon expenditures. If the relative net income of the parties should change, the parties agree to modify the percentages to coincide with the net incomes of the parties. The expenses to be discussed by the parties shall include ballet tuition, private lessons, ballet supplies, travel for Madison for ballet programs, summer ballet intensive programs, school tutors, car insurance for a car driven primarily by Madison and not on the car IlL 22 LJijJL- driven primarily by Morgan, other extraordinary activities, and extraordinary medical or dental expenses such as orthodontia. These expenses shall not include expenses normally expected to be covered by child support including but not limited to shelter, food, clothing, toiletries, transportation for daily activities and daily activities. D. HEALTH INSURANCE. As long as he is paying child support for Madison, Bob agrees to provide health insurance for Madison provided such is available through his employer at a reasonable cost. If it is more cost-beneficial to pay for the insurance through Morgan's employer, Bob shall pay said cost. Morgan agrees to pay the medical and prescription copayments for Madison. If neither party has medical insurance coverage through their respective place of employment, the parties agree to cooperate in finding appropriate insurance for Madison and Bob agrees to pay for such. Further Bob agrees to pay for necessary medical costs not covered by insurance including deductibles and emergency care for necessary medical treatment provided that every effort is made to use in-network physicians and facilities and care is taken to reduce the costs not covered by insurance. 24. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, I1c 23 CliW- retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Bob and Morgan hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Bob shall be the sole and exclusive owner of such assets as divided herein and designated for Bob. Morgan shall be the sole and exclusive owner of such assets as divided herein and designated for Morgan. 25. MUTUAL CONSENT DNORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce shall be filed in Cumberland County. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. ilc 24 L/1~ 26. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 27. WARRANTY AS TO FUTURE OBLIGATIONS. Bob and Morgan each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. '\ & 25 LlIV~ ----- 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 31. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. OTHER DOCUMENTATION. Bob and Morgan covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this ! &1:' 26 L/ll&K-- .......... . Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. ENFORCEMENT OF AGREEMENT. If either party believes that the other party has breached any provision of this Agreement, the parties agree to participate in mediation with a mediator trained in family law mediation to resolve any disputes that may arise with respect to this Agreement and that the parties are unable to resolve on their own. If the parties are unable to resolve the issues through mediation, a party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. If the parties are unable to resolve the issues through mediation, the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 35. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be '1 I/L 27 L&~ stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 36. HEADINGS NCYr PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. INWIT.NESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. d~'&0 SS ., /' ~;,i~ COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF DAUPHIN On this, the 2r!:./. day of /~';) ,2005, before me a Notary v Public of the Commonwealth of Pennsylvania personally appeared MORGAN V. KEESLER, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. J ----..., -' 'N ~~ Public NOT ARJAL SEAL Nora F. Blair, Notary Public Lower Paxton Twp., Dauphin County My commission expires ~ay 10, 2007 ------- - COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF DAUPHIN -, - 0' t: On this, the .t.,) . day of /./ ..-:......., , 2005, before me, a Notary / ( J Public for the Commonwealth of PennSylvan1a, personally appeared ROBERT W. KEESLER, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -_.-("_.------,~ - ---~ ) _--c;..~=-- /' -",- -- --- NOTARIAL SEAL Nora F. Blair, Notary Public Lower Paxton Twp., Dauphin County My commission expir.' May 10.2007 .-! OCT 0 82003 MORGAN V. KEESLER, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03.4081 CIVIL TERM ROBERT W. KEESLER, DEFENDANT : IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Nora Blair, Esquire, attorney for Defendant, Robert W. Keesler, in the above captioned action, hereby accept service of the Divorce Complaint in the above action on C;' 'rW -'~ If' , 2003 on Defendant's behalf and hereby acknowledge that I arn authorized to do so. By: 1~~) ~~ ~ NOR BLAIR, ESQUIRE 5440 JONESTOWN ROAD P.O. Box6216 HARRISBURG, PA 17108 ----- ,--, c__. MORGANV. KEESLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'IY, PENNSYLVANIA : NO. 03-4081 Crvn.. TERM ROBERT W. KF.F.T SER, Defendant : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on August 20, 2003, and served on September 15, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Mfidavit 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. DATED?-ft~ if-=;: ch:'Jc;-S >~1 ".', u~ - MORGANV. KEESLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4081 CIVll.. TERM ROBERTW. KF.F.T SER, Defendant : CIVll.. ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 Decree of Divorce 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 Waiver 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. DATED: I~ ?5; c?-t;)06 - " ~~ -,I ;. ~,' MORGANV. KEESLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4081 CNIL TERM ROBERT W. KF.F.T RER, Defendant : CNILACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on August 20, 2003, and served on September 15, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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 ~::DM: :::~,:~rn rnmifi~tion w ~1?k/ ~/ ROBERT W. KEELSER Defendant ;~-- ~ , , -If .--! ~' ,I t;': 1'...., MORGANV. KEESLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4081 CIVil.. TERM ROBERT W. }(F.F.T RER, Defendant : CIVil.. ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 Decree of Divorce 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 Mfidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. H904 relating to unsworn falsification to authorities. DATED: 'r:(ay 0<'51 t/S- /'/ /7);1 I;;~~/- ;# ROBERT W. KEELSER Defendant '#( C!.y 01- :5- / E) r """") --- - ,\ . ..~i - MORGANV. KEESLER, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4081 Crvn.. TERM ROBERT W. J(F.F.T .f:ER, Defendant : Crvn.. ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301(c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: (a) Date of service: September 15, 2003. (b) Manner of service: Acceptance of Service by Counsel for Defendant 3. Date of execution ofthe Affidavit of Consent required by S 3301(c) ofthe Divorce Code: (a) By the Plaintiff: May 25,2005 (b) By the Defendant: May 25,2005 4. Date of execution of Waiver of Notice ofIntention to File Praecipe to Transmit Record: (a) By the Plaintiff: May 25,2005 (b) By the Defendant: May 25, 2005 5. Related claims pending: NONE Nora F. Blair, Esquire Attorney for Defendant DATED: May 19,2005 .-' - .~ r'" f".: . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ;f. Of. :f.;!i:f.:ti;f.;f.:f.:+.:f. .. :f. :+':+.:ti:f. ;Ii :Ii :+::+':+':+.:+.:ti:+.:ti:f.:ti:f.;f. IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY MORGANV. KEESLER PENNA. . . STATE OF . . . . 03-4081 CIVIL TERM Plaintiff No. . . . VERSUS ROBERT W. KEELSER . . . . . . . Defendant . . . . DECREE IN DIVORCE . . . . ~)W2- , r ~:> , IT IS ORDERED AND . . . . . . AND NOW, . . . . DECREED THAT MORGANV.KEESLER , PLAI NTI FF, AND ROBERT W. KEELSER . . . , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. TheMaritalSettlementAgreement dated May 25, 2005, is incorporated into but not merged into this Decree in Divorce. 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; \U~ BY TH ATTEST: ~ ROTHO OTARY .. :f.:f.:f.:f.:f.:f.;f.;f.:f.:f.:f.:f.:f.:f.:f.:f.:f.:f.:f.:ti:ti :Ii :Ii :Ii :f.:f.:f. :f.:ti:f. :Ii :+::f.,.,e+; :f. J. :f.;f.:f.;+:,., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+::f.:f."'+' ~ ~ ?/P :"",. +- f/ 40.Y-17 5CJ. I "f ~ r ;Z~ ~-rp .50. I '0/ . - , . . .. ~. . t ~i",