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HomeMy WebLinkAbout07-3988I 4 'E A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. p>- 395-8 CIVIL TERM Y L. KEEFAU`,7ER, Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the owing pages, you must take prompt action. You are warned that if you fail to do so, the case proceed without you and a decree of divorce or annulment may be entered against you by Court. A judgment may also be entered against you for any other claim or relief requested in ;e papers by the Plaintiff. You may lose money or property or other rights important to you, custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, u may request that the court require you and your spouse to attend marriage counseling prior a divorce decree being handed down by the court. A list of marriage counselors is available in Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are vised that this list is kept as a convenience to you and you are not bound to choose a counselor ?m the list. All necessary arrangements and the cost of counseling sessions are to be borne by u and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, 1U MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Attorneys for Plaintiff I ` V. BRUCE A. KEEFAUVER, TERRY L. KEEFAUVER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Bruce A. Keefauver, by his attorneys, Snelbaker & Brenneman, P. C., hereby submits this Divorce Complaint as follows: COUNT I - DIVORCE 1. Plaintiff Bruce A. Keefauver is an adult individual residing at 219 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant 'T'erry L. Keefauver is an adult individual residing at 108 Spring Street, Port Carbon, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 13, 1992 in Georgetown, Delaware. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph LAW OFFICES I4, above. SNELBAKER a BRENNEMAN, P.C. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The parties have been separated for a period in excess of two years. 9. The Plaintiff has been advised that counseling is available and that Plaintiff may have right to request that the Court require the parties to participate in counseling. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Bruce A. Keefauver requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT I1- EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 12. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from September 13, 1992. 13. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Bruce A. Keefauver requests this Court to order equitable LAW OFFICES -2- SNELBAKER SC BRENNEMAN, P.C. ,#6 distribution of marital property and debts. WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: July 2, 2007 Attorneys for Plaintiff Bruce A. Keefauver LAW OFFICES SNELBAKER & -3- BRENNEMAN,f.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. lZeze 'It . Bruce A. eefauver Date: J-%? 2. 2 09'T LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CE A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM Y L. KEEFAUVER, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT BRUCE A. KEEFAUVER, duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the , which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Al-a 4. 4'?? Bruce . Keefauver (Plaintiff) LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. C. c? 0 ._, -n o? ? --i c? 5 r- ?+? ? ` : , ? -? ?--t, ? ? o ?-? ,? ?, ? _ . ? .? ?1, 0? ,? ? ?..._` N vm ' , ?- '?" ` 1 , i 'E A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3988 CIVIL TERM Y L. KEEFAUVER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE [WEALTH OF PENNSYLVANIA) SS. OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Bruce Keefauver, Plaintiff in the above captioned action in divorce; that on July 3, 2007 he did send Defendant Terry L. Keefauver by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint in Divorce which was filed in the above captioned action as by the attached cover letter of the same date and Receipt for Certified Mail No. 7004 X1350 0004 1256 2916; that the Complaint and cover letter were duly received by Defendant erry L. Keefauver, as evidenced by the return receipt card for said certified mail dated July 5, ; that a copy of the aforementioned cover letter dated July 3, 2007 is attached hereto and by reference herein as "Exhibit A" and that the original Receipt for Certified Mail the Domestic Return Receipt are attached hereto and incorporated by reference herein as 1"Exhibit B"; and that the foregoing facts are true and coriect to the best of his knowledge, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ion and belief. Keith O. Brenneman to and subscribed before me 106` day of July, 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Susan L Matraa, Notary Public Medw* sbuM Boro, Cmt)edwd Cotrrrly My C wlsion EVires Nov. 24, 2007 Member, Pennsylvania Association of Notaries -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8529 July 3, 2007 Terry L. Keefauver 108 Spring Street Port Carbon, PA 17965 Re: Keefauver v. Keefauver No. 2007-3988 Dear Mrs. Keefauver: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce Complaint that was filed July 2, 2007 in Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Bruce A. Keefauver (w/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7004 1350 0004 1256 2916 EXHIBIT A Postal .? CERTIFIED MAIL-,,., RECEIPT Er I On (Domestic ly; Coverage • . N N ra Postage $ k Q Cermw Fee C3 p 094 ostmark C3 _ Fee m (Endorsement Regqulred) ,kph Here O M Fee ResVicted Delivery (Endorsement Required) 'q ? Ot t 4 M e & Fees t l P sta T $ U^ g a o o ? s 0o r o Terry L. Keefauve by e .............. r` - ?. -1- n- --------Street ------ --- ^pr No. 16pr-• or PO Box No. ......... ........ _,_....... ........... ....°-----........•..------. ort Carbon, PA 17965 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ¦ Complete items 1, 2, and 3. Also complete lam 4 if Restricted Delivery is desired. ¦ Prim your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplec:e, or on the front If space permits. 1. Article Addressed to: Terry L.'Keefauver 108 Spring Street Port Carbon. PA 17965 , 'It A. B. Received & (Printed A") I C. 0 Agent Z' w EA aVe %IsdelKwy address different from item 1? 0 Yes M YES, enter delivery address below: ? No i 3. Service Type C3 CwtoW Malt ? Mall C] Registansd E7 Return Receipt for Mercf O Insured mail ? C.o.D. 4. Restricted Delivery? (Ex}:Fee) 0 Yes 2. Article Number (rmnsfer from service labeO 7004 1350 0004 1256 2"M6 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M- EXHIBIT B C"? ? ?? 3 `., p ? -r;y'; ?? - ? ? ? ? ?? • G? C? '?!}r? r`': ?' ? rr ?} %`i .. ?. -? ? ?;-ri ' :2 ?, ®`, (?„ ' C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff : No. 07-3988 CIVIL TERM VS. TERRY L. KEEFAUVER, Defendant CIVIL ACTION - LAW DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE To: BRUCE A. KEEFAUVER c/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted: By: Marya ' n , Esq. MARYANN NWAY & ASSOCIA , PC 501 West Market Street Pottsville, PA 17901 570-628-4852 Attorney ID No.: 12111 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, : No. 07-3988 CIVIL TERM Plaintiff vs. TERRY L. KEEFAUVER, : CIVIL ACTION - LAW Defendant : DIVORCE Keith O. Brenneman, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE Defendant TERRY L. KEEFAUVER, by her attorney Maryann Conway, Esquire, responds to Complaint in Divorce and represents as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and Denied in part. It is believed and averred that the parties were married in Bethany, Delaware. The rest of the allegation is admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. After reasonable investigation, Defendant is without information sufficient to determine the truth of the allegation. 10. Admitted. WHEREFORE, Defendant joins Plaintiff in requesting entry of a Decree in Divorce pursuant to 23 Pa.C.S. 3301 ( c ) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. No answer is required. 12. Admitted. 13. Admitted. WHEREFORE, Defendant joins Plaintiff in requesting your Honorable Court to divide and distribute marital property pursuant to the provisions of 23 Pa.C.S. 3501 et seq. COUNT III COUNTERCLAIM for ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS Under Section 3702 of the Divorce Code 14. The answers and allegations contained in Paragraphs 1 through 13 are incorporated herein by reference. 15. The Plaintiff in this Counterclaim is Terry L. Keefauver, residing as set forth above at Paragraph 2. 16. The Defendant in this Counterclaim is Bruce A. Keefauver, residing as set forth above at Paragraph 1. 17. The Plaintiff in this Counterclaim, is unable, by reason of health problems, to support herself at the level to which she has become accustomed, during the pendency of this Divorce. 18. The Plaintiff in this Counterclaim has been required to retain an attorney to represent her interests in this Divorce, and has agreed to pay her attorney a reasonable fee. 19. The Plaintiff in this Counterclaim is financially unable both to sustain herself and to pay her attorney fees and costs during the pendency of this Divorce. 20. The Defendant in this Counterclaim is fully employed and is well able to pay reasonable alimony pendente lite, counsel fees and costs for Plaintiff in this Counterclaim.; WHEREFORE, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter an Order in her favor and against Defendant in this Counterclaim for reasonable alimony pendente lite, counsel fees and costs. COUNT IV COUNTERCLAIM FOR PERMANENT ALIMONY Under Section 3701 of the Divorce Code 21. The answers and allegations contained in Paragraphs 1 through 20 are incorporated herein by reference. 22. Plaintiff will be unable, after the entry of a Decree in Divorce, to sustain herself from her own earnings and assets at the level to which she has become accustomed and which will be necessary. 23. The Defendant in this Counterclaim is fully employed and is well able to pay reasonable permanent alimony. WHEREFORE, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter an Order in her favor and against Defendant in this Counterclaim for reasonable permanent alimony. Respect lly submitted: By: -? Maryann onway, &quire MARYANN CONWAY & ASSOCIATES, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 ID Number: 12111 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant : No. 07-3988 CIVIL TERM CIVIL ACTION - LAW DIVORCE Keith O. Brenneman, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant CERTIFICATION MARYANN CONWAY, ESQ. Attorney for Defendant Terry L. Keefauver, hereby certifies that a copy of the attached documents was served on the party listed below in the manner and date set forth. This is also to certify that this is the FIRST time this document has been presented in Court. Date Served: July 17, 2007 Served Upon: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Manner of Service: First Class Mail By: onway, uire MARYANN CVNWAY & ASSOCIAT , PC 501 West Market Street Pottsville, PA 17901 570-628-4852 ID Number: 12111 Attorney for Defendant VERIFICATION I, TERRY L. KEEFAUVER, hereby certify that the statements made in the foregoing document which are within my personal knowledge, are true and correct and those which are based on information received from others I believe to be true, after reasonable efforts to verify. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. A. §4904, relating to unworn falsification to authorities. -Z'I? J /a TERRY L KEEFA R W - ? _ m OV J Ir. I . Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff nom) C? Crl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. . TERRY L. KEEFAUVER I Defendant NO. 07-3988 Civil Term CIVIL ACTION - DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on March 15, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. -16.0 -,. 3. 1 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. 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. / ?, ?. /W, " -- - Bruce A. Keefauver Date: August 2007 2 !D COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. TERRY L. KEEFAUVER Defendant TO THE PROTHONOTARY: NO. 07-3988 CIVIL ACTION - DIVORCE PRAECIPE Please withdraw the appearance of Keith 0. Brenneman, Esquire and enter the appearance of Theresa Barrett Male, Esquire on behalf of Plaintiff in this proceeding. Ov\-? Keith 0. Brenneman, Esquire Date: August /? , 2007 Jj Theresa Barrett Male, Esquire Date: August 0?, 2007 ?'-? ? "> = ?- ? -i ? ? r-? __ - ^.? .?` ;, ?,. r; ? ' ._ - :_ ? } ??? . ?, 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you 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. a 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, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO PA. R.C.P. 1920.13 Count I - Divorce 1. Plaintiff is Bruce A. Keefauver, who currently resides at 219 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 since on or about November 17, 1993. 2. Defendant is Terry L. Keefauver, who currently resides at 108 Spring Street, Port Carbon, Schuylkill County, Pennsylvania 17965 since on or about March 15, 2000. I Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Amended Complaint. 4. The parties were married on September 13, 1992 in Georgetown, Delaware. 5. There have been no prior actions for divorce or annulment between the parties. 6. On March 15, 2000, Defendant left the marital residence, and the parties have lived separate and apart since that time. 7. The grounds for divorce are: a. Defendant committed willful and malicious desertion, and absence from the habitation of Plaintiff, the injured and innocent spouse, without a reasonable cause, for the period of one or more years. b. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. C. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Wherefore, Plaintiff requests the Court to enter a divorce decree under sections 3301(a)(1),(2), and (6), and section 3301(d) of the Divorce Code. 2 Count II - Equitable Distribution 9. Plaintiff incorporates by reference paragraphs 1 through 8. 10. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property and the marital liabilities. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: August 16, 2007 3 VERIFICATION I verify that the statements made in the foregoing document 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. i-w? Cr. A4-?- Bruce A. Keefauver Date: August l , 2007 "' ' c- _.,, 'ri __ _ _ __ ?- ?._? - ., . -<- -r?f S ? 1 ?:.., f`J - ?? 4 J L?? .!7 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, : No. 07-3988 CIVIL TERM Plaintiff VS. TERRY L. KEEFAUVER, : CIVIL ACTION - LAW Defendant : DIVORCE Theresa Barrett Male, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant DEFENDANT'S PRAECIPE FOR RULE UNDER PA. R. C. P. 1920.21. REQUESTING BILL OF PARTICULARS To the Prothonotary of Cumberland County: Kindly enter a Rule as of course against Plaintiff Bruce A. Keefauver, who has requested a Divorce under Sections 3301(a)(1), (2), and (6) of the Divorce Code to file a Bill of Particulars as to each cause of action within twenty (20) days. A suggested Rule is attached. Respectfully submitted: , E re Maryann way ' MARYA CON WAY & ASSOC ES, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 Atty. ID. 12111 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant Theresa Barrett Male, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant CERTIFICATION MARYANN CONWAY, ESQ. Attorney for Defendant Terry L. Keefauver, hereby certifies that a copy of the attached documents was served on the party listed below in the manner and date set forth. This is also to certify that this is the FIRST time this document has been presented in Court. Date Served: : No. 07-3988 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE September 12, 2007 Served Upon: Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 Manner of Service: First Class Mail By: &4 4,46 onway, s re MARYANN CONWAY & ASSOCIATES, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 ID Number: 12111 Attorney for Defendant Y A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, : No. 07-3988 CIVIL TERM Plaintiff vs. TERRY L. KEEFAUVER, : CIVIL ACTION - LAW Defendant : DIVORCE Theresa Barrett Male, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant RULE FOR BILL OF PARTICULARS To: BRUCE A. KEEFAUVER c/o Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 A Rule under Pa. R. C. P. 1920.21(a) and (b) has been entered against you to file a Bill of Particulars as to each cause of action you have alleged under Sections 3301(a)(1), (2), and (6) of the Divorce Code within twenty (20) days or suffer non pros with respect to those causes of action. By: ?Le,$ R. 1/15/07 Prothonotary, Cumberland County ._., r?c't t?""a # t?Tt ? ?? -v -° t ?.. y ? ? w ,J _? ?? ? ? ?? ? y.- ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff : No. 07-3988 CIVIL TERM VS. TERRY L. KEEFAUVER, Defendant CIVIL ACTION - LAW DIVORCE DEFENDANT'S AMENDED ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE To: BRUCE A. KEEFAUVER c/o Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted: By: Maryann o ay, Esq. MARYANN ONWAY & ASSOC S, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 Attorney ID No.: 12111 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant No. 07-3988 CIVIL TERM CIVIL ACTION - LAW DIVORCE Theresa Barrett Male, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant DEFENDANT'S AMENDED ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as follows: A. It is specifically denied that Defendant committed willful and malicious desertion and absence from the habitation of Plaintiff. By way of further answer, by the time that Defendant left the marital residence, Plaintiff had committed such indignities over a period of time upon the person of the Defendant, the innocent and injured spouse, such as to make her condition intolerable and life burdensome. Please see Counterclaim for Indignities below, which is incorporated herein by reference. B. It is specifically denied that Defendant offered such indignities to the Plaintiff as to render his condition intolerable and life burdensome. It is further specifically denied that Plaintiff is the innocent and injured spouse. Please see Counterclaim for Indignities below, which is incorporated herein by reference. C. Admitted. 8. After reasonable investigation, Defendant is without information sufficient to enable her to form an opinion regarding the truth of the matter asserted. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order dismissing the Complaint for Divorce under Sections 3301(a)(1), (a)(2) and (a)(6) and granting a Divorce under either Section 3301( c ) or 3301( d ) of the Divorce Code. COUNT II: EQUITABLE DISTRIBUTION 9. No answer is required. 10. Admitted. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order equitably dividing all marital property and marital liabilities. CO T III COUNTERCLAIM FOR DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 11. The answers and allegations contained in Paragraphs 1 through 10 are incorporated herein by reference. 12. The Plaintiff in this Counterclaim is Terry L. Keefauver, residing as stated above at Paragraph 2. 13. The Defendant in this Counterclaim is Bruce A. Keefauver, residing as stated above at Paragraph 1. 14. In violation of his marriage vows and of the laws of the Commonwealth of Pennsylvania, Defendant did commit such indignities upon the person of the Plaintiff, the innocent and injured spouse, as to cause her condition to become intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce in her favor and against Defendant. COUNT IV COUNTERCLAIM FOR DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE 15. The averments set forth in items 1 through 15 are incorporated herein by reference. 16. The parties are living separate and apart. 17. The marriage is irretrievably broken. 18. Plaintiff in this Counterclaim has been advised that counseling is available and the Plaintiff in this Counterclaim may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter a Decree of Divorce in favor of Plaintiff and against Defendant. COUNTERCLAIM FOR DIVORCE UNDER SECTION 3301(0 OF THE DIVORCE CODE 19. The answers and allegations contained in Paragraphs 1 through 18 are incorporated herein by reference. 20. The marriage is irretrievably broken. 21. The parties intend to file a request for the entry of a Decree of Divorce after the expiration of ninety (90) days from the filing of this Complaint. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this complaint, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 ( c ) of the Divorce Code. COUNT VI COUNTERCLAIM FOR TEMPORARY ALEMONY, COUNSEL FEES AND COSTS 22. The answers and allegations contained in Paragraphs 1 through 21 are incorporated herein by reference. 23. The parties have established a middle-class life style. 24. The Plaintiff in this Counterclaim, is unable, by reason of health problems, absence from the work force and lack of training, to support herself at the level to which she has become accustomed, during the pendency of this Divorce. 25. The Plaintiff in this Counterclaim has been required to retain an attorney to represent her interests in this Divorce, and has agreed to pay her attorney a reasonable fee. 26. The Plaintiff in this Counterclaim is financially unable both to sustain herself and to pay her attorney fees and costs during the pendency of this Divorce. 27. The Defendant in this Counterclaim is fully employed and is well able to pay reasonable alimony pendente lite, counsel fees and costs for Plaintiff in this Counterclaim. WHEREFORE, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter an Order in her favor and against Defendant in this Counterclaim for reasonable alimony pendente lite, counsel fees and costs. COUNT IV COUNTERCLAIM FOR PERMANENT ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 28. The answers and allegations contained in Paragraphs 1 through 27 are incorporated herein by reference. 29. Plaintiff in this Counterclaim will be unable, after the entry of a Decree in Divorce, to sustain herself from her own earnings and assets at the level to which she has become accustomed and which will be necessary. 30. The Defendant in this Counterclaim is fully employed and is well able to pay reasonable permanent alimony. WHEREFORE, Plaintiff in this Counterclaim respectfully requests your Honorable Court to enter an Order in her favor and against Defendant in this Counterclaim for reasonable permanent alimony. Respectfully submitted: By: ",*anff onway, Ekuire MARYANN CONWAY & ASSOCIATES, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 ID Number: 12111 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant No. 07-3988 CIVIL TERM CIVIL ACTION - LAW DIVORCE Theresa Barrett Male, Esquire, for Plaintiff Maryann Conway, Esquire, for Defendant CERTIFICATION MARYANN CONWAY, ESQ. Attorney for Defendant Terry L. Keefauver, hereby certifies that a copy of the attached documents was served on the parry listed below in the manner and date set forth. This is also to certify that this is the FIRST time this document has been presented in Court. Date Served: September 12, 2007 Served Upon: Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Manner of Service: First Class Mail By: Maryonway, rare MARYANN NWAY & ASSOCIATES, PC 501 West Market Street Pottsville, PA 17901 570-628-4852 ID Number: 12111 Attorney for Defendant VERIFICATION I, TERRY L. KEEFAUVER, hereby certify that the statements made in the foregoing document which are within my personal knowledge, are true and correct and those which are based on information received from others I believe to be true, after reasonable efforts to verify. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. A. §4904, relating to unworn falsification to authorities. TERRY L. EE `R Cl) d q -74 --C w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN A. KEEFAUVER, PLAINTIFF No. 07-3988 Civil Term VS. Civil Action -Law TERRY L. KEEFAUVER, . DEFENDANT Divorce PRAECIPE OF ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of the undersigned counsel with respect to Defendant, Terry L. Keefauver. Date: C%'\??- \ Respectfully submitted, NEALON, GOVE" PERRY By: James G. Nealon, III, Esquire Atty. I.D. #46457 101 South Duke Street York, PA 17403 (717) 852-7888 CERTIFICATE OF SERVICE AND NOW, this day of October, 2007, 1 hereby certify that I have served the foregoing Entry of Appearance on the following by U.S. Mail: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pennsylvania 1171941-1, JAMES G. NEALON, 111, ESQUIRE ?' ca CS C3 21 251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS BRIAN A. KEEFAUVER, No. 07-3988 Civil Term PLAINTIFF vs. Civil Action - Law TERRY L. KEEFAUVER, DEFENDANT Divorce REQUEST FOR HEARING AND NOW, TO WIT, comes the Petitioner, Terry L. Keefauver, and files the within Request for a Hearing as follows: 1. Petitioner is Terry L. Keefauver, Defendant in the above-referenced divorce action. 2. Respondent is Brian A. Keefauver, Plaintiff in the above-referenced divorce action. 3. On or about September 13, 2007, Petitioner filed an Amended Answer and Counterclaim to Respondent's Divorce Complaint. 4. Petitioner's Amended Answer and Counterclaim included a request for temporary alimony and/or alimony pendente lite. A copy of Petitioner's Amended Answer and Counterclaim was previously provided to Domestic Relations on October 8, 2007. WHEREFORE, Petitioner, Terry L. Keefauver, respectfully requests that a hearing be scheduled regarding her claim for temporary alimony and/or alimony pendente lite. Respectfully sub NEALON, GQVFR & Date: By: (,/ James G. Nealon, III, Esquire Atty. I . D . #46457 101 South Duke Street York, PA 17403 (717) 852-7888 C? p -n o r' 00 21 N ( '_? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN A. KEEFAUVER, PLAINTIFF VS. TERRY L. KEEFAUVER, DEFENDANT No. 07-3988 Civil Term Civil Action - Law Divorce PRAECIPE FOR WITHDRAWAL OF APPEARANCE To The Prothonotary: Please withdraw the appearance of the undersigned counsel with respect to Defendant, Terry L. Keefauver. Date: zo lz? Respectfully submitted, MARYANN CONWAY & ASSOCIATES, PC By: Conwa , quire Atty. 1.0#12,1111 501 West Market Street Pottsville, PA 17901 (570) 628-4852 CERTIFICATE OF SERVICE AND NOW, this Z4 day of October, 2007, 1 hereby certify that I have served the foregoing Withdrawal of Appearance on the following by U.S. Mail: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pennsylvania 17101-1058 James G. Nealon, III, Esquire NEALON, GOVER & PERRY 101 South Duke Street York, Pennsylvania 17403 YA CONWA SQUIR C , ?-# _Yti ;? `- ? c-`? ?,?-n rs ?3 ?' ?' ...-per ?.,? C? .:..i, BRUCE A. KEEFAUVER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM TERRY L. KEEFAUVER, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 336109555 ORDER OF COURT AND NOW, this 22nd day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on November 15.2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent James G. Nealon, III, Esq. Theresa Barrett-Male, Esq. Date of Order: October 22, 2007 , t-At J. Sh day, onference Officer / If l , YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Cc, - I? °ta I r te .: BRUCE A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM TERRY L. KEEFAUVER, IN DIVORCE Defendant/Petitioner PACSES Case Number: 336109555 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 5th day of November 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 29. 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of November 15, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: November 5. 2007 Copies mailed to: Petitioner Respondent James G. Nealon, III, Esq. Theresa Barrett-Male, Esq. Iz. J. Sh day, Conference Officer r r ? YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 n n C T - BRUCE A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM TERRY L. KEEFAUVER, IN DIVORCE Defendant/Petitioner PACSES Case Number: 336109555 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 14th day of November 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on January 8. 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of November 29, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: November 14, 2007 Copies mailed to: Petitioner Respondent James G. Nealon, III, Esq. Theresa Barrett Male, Esq. J. S day t o erence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 f`tI?7. r r " C C C J ) 1 h Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. TERRY L. KEEFAUVER Defendant NO. 07-3988 Civil Term : CIVIL ACTION -DIVORCE PLAINTIFF'S MOTION FOR APPOINTMENT OF MASTER Bruce A. Keefauver, Plaintiff, moves the court to appoint a master with respect to the following claims: x Divorce Annulment x Alimony Alimony Pendente Lite and in support of the motion states: x Distribution of Property Support x Counsel Fees x Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. a .1% (2) The non-moving party has appeared in the action by her attorney, James G. Nealon, III, Esquire. (3) The statutory grounds for divorce is irretrievable breakdown under section 3301(d). (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (c) The action is contested with respect to the following claims: Equitable distribution, alimony, counsel fees, costs and expenses. (5) The action does not involve complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: The parties were married on September 13, 1992 and separated in March 2000 when Defendant-Wife left the marital residence without legal cause. From March 2000 until June 2007, Plaintiff-Husband voluntarily maintained Wife's health, dental and vision insurance, and paid her cell phone, her vehicle lease, her vehicle insurance, and most of her unreimbursed medical bills. Additionally, Husband voluntarily paid Wife support and maintenance for over seven years until Wife filed for spousal support in June 2007 in Schuylkill County, where Wife resides. Although Wife withdrew that action before the master's hearing on Husband's entitlement challenge, she nevertheless received $4,900 in support payments prior to withdrawing her complaint. On August 24, 2007, Husband filed his section 3301(d) affidavit, which he served on August 30, 2007. Date: November 28, 2007 IL,(- 4Attorney for Plaintiff 2 IV AND NOW, November , 2007, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: BY THE COURT: J. MOVING PARTY Bruce A. Keefauver Attorney's Information Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 717-233-3220 tbm@tbmesquire.com NON-MOVING PARTY Terry A. Keefauver Defendant's Information James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 717-232-9900 JNEALON@NGPLAWFIRM.COM 3 ?,?: ca C7 C J-Tj 4L BRUCE A. KEEFAUVER, Plaintiff/Respondent VS. TERRY L. KEEFAUVER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM IN DIVORCE PACSES CASE ID: 336109555 ORDER OF COURT AND NOW, this 8th day of January 2008, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,890.84 and Respondent's monthly net income/earning capacity is $6,036.06, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Six Hundred and 00/100 Dollars ($600.00) per month payable as follows: $600.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: first pay date in February, 2008 in the amount of $276.92 bi-weekly. The effective date of the order is October 18, 2007. Arrears set at $0.00 as of January 8, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Terry L. Keefauver. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 • The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Respondent is given credit in the amount of $2,076.16 for the retroactive arrears from the overpayment of $3,457.55 in Schuylkill County Domestic Relations Section, leaving a credit of $1,391.39 to be used in equitable distribution. The Respondent is current on this account through January 31, 2008. This Order considers a downward deviation from the support guidelines based upon the Petitioner's expenses and needs. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: December 20, 2007 to: Petitioner Respondent Theresa Barrett Male, Esq. James G. Nealon, III, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney THE Edgar B. Bayley, J. ?` °?" --? -?;- -?+ ,:. _ -? 'fir `, ?. ; ?.? _ ? ? `?? ,. ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. Of CUMBERLAND Date of Order/Notice 01/08/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number HERSHEY MEDICAL CENTER PO BOX 855 HERSHEY PA 17033-0855 RE: KEEFAUVER, BRUCE A. 07-3988 CIVIL @ original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 200-50-4121 Employee/Obligor's Social Security Number 0699101832 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 600 .00 per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ o . 00 per month in other (specify) for a total of $ 600.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ _ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300. oo per semimonthly pay period (twice a month). $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JAN 25, 2008 DRO: R.J. SHADDAY Service Type M BY TH COURT: v? G EDGAR B. BAYLEY, Form EN-028 Rev. 1 OMB No.: 0970-0154 Worker ID $IATT 600• x 12?t 52•= 138.46* 600?x 12?+ 25 • 276.9.2* a ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to your mployee. if yo r employee works in a state that is diferent from the state that issued this order, a copy must be proviged to your emplyoyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the paydate/date of withholding , is the date on vvHch amount was withheld from the employee's vvages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2328918070 EMPLOYEE'S/OBLIGOR'S NAME: KEEFAUVER, BRUCE A. EMPLOYEE'S CASE IDENTIFIER: 0699101832 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KEEFAUVER, BRUCE A. PACSES Case Number 336109555 Plaintiff Name TERRY L. KEEFAUVER Docket Attachment Amount 07-3988 CIVIL$ 600.00 Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $zATT OMB No.: 0970-0154 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: BRUCE A. KEEFAUVER Member ID Number: 0699101832 Please note: All correspondence must include the Member II) Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name TERRY L. KEEFAUVER PACSES Docket Case Number Number 336109555 07-3988 CIVIL Attachment Amount/Freauenc $ 600.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 600.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $13 8.0 8 per week, or 55 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, BRUCE A. KEEFAUVER Social Security Number 2 0 0 - 5 0 - 4121 , Member ID Number 0 6 9 91018 3 2 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 16, 2002 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: jAN 25,, 2008 DRO: R.J. SHADDAY Service Type M EDGAR B. BAYLEY, JUDGE Form EN-530 Worker ID $ IATT C 7 ?? y O ti Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. TERRY L. KEEFAUVER Defendant NO. 07-3988 Civil Term : CIVIL ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. X 1 Real Property X 2 Motor Vehicles 3 Stocks, bonds, securities and options 4 Certificates of deposit x 5 Checking accounts, cash x 6 Savings accounts, money market and savings certificates 7 Contents of safe deposit boxes 8 Trusts 9 Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 10 Annuities 11 Gifts x 12 Inheritance 13 Patents, copyrights, inventions, royalties 14 Personal property outside the home 15 Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) 16 Employment termination benefits - severance pay, workman's compensation claim/award 17 Profit sharing plans 18 Pension plans (indicate employee contribution and date plan vests x 19 Retirement plans, Individual Retirement Accounts 20 Disability payments 21 Litigation claims (matured and unmatured) 22 Military/V.A. benefits 23 Education benefits 24 Debts due, including loans, mortgages held x 25 Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26 Other 2 Bruce A. Keefauver v. Terry L. Keefauver Docket Number: 07-3988 PACSES Number: Date of Marriage: 09/13/1992 Date of Separation: 03/15/2000 Inventory and Awraisement MARITAL ASSETS 2 3 4 5 211912008 Description of Property Title Value at Date Current Value & Exhibi (Date of Sep'n Val) (Date of Cur Val) of Separation Marital Equity 219 Fox Dr., Mechanicsburg $210,000 less mortgages of $91,438 & $17,495 .1 $ $ 210,000 ( ) (02/01/2008 ) $ 101,067 Personal Property #3 H $ 6,500 $ 6, 500(1) ( ) (02/01/2008 ) $ 6,500 Furniture J $ $ 2,000 ( ) (02/01/2008 ) $ 2,000 Furniture J $ $ 1,000 ( ) (02/01/2008 ) $ 1,000 Vangard IRA H $ $ 48,509 ( ) (02/01/2008 ) $ 48,509 TOTALS $ 6,500 $ 159,076 Notes: (1) 1996 Buick Regal - Husband sold to private individual in 2001 for this amount. Theresa Barrett Mate, Esquire Prepared by Theresa Barrett Male (c) Family Law Software, Inc, v 1 0.01 2/19/2008 11:38am Bruce Keefauver & Terry Keefauver Page 1 2/19/2008 0 Bruce A. Keefauver v. Terry L. Keefauver Docket Number: 07-3988 PACSES Number: Date of Marriage: 09/13/1992 Date of Separation: 03/15/2000 Inventory and Appralsement MARITAL LIABILITIES Description of Property (Date of Sep'n Val) (Date of Cur Val) Title Value at Date of Separation Current Total Debt Marital Debt Exhibi NO MARITAL LIABILITIES Theresa Barrett Mate, Esquire Prepared by Theresa Barrett Male (c) Family Law Software, Inc. v 10.012/19/2008 11:38am Bruce Keefeuver & Terry Keefauver Page 2 211 912 0 08 Bruce A. Keefauver v. Terry L. Keefauver Docket Number: 07-3988 PACSES Number: Date of Marriage: 09/13/1992 Date of Separation: 03/15/2000 Inventory and Appraisement NON-MARITAL ASSETS - Bruce Keefauver 1 2 3 4 Description of Property (Date of Sep'n Val) (Date of Cur Val) Title Date Acquired Current Value Exhibi Members 1st FCU H 02/01/2008 $ 822(1) Members 1st FCU H 02/01/2008 $ 2,513(2) Members 1st FCU H 02/01/2008 $ 3,315(3) Fidelity 401K H 02/01/2008 $ 36,783(4) TOTALS Notes: (1) Members 1st FCU -Acquired post-separation (2) Members 1st FCU -Acquired post-separation (3) Members list FCU -Acquired post-separation. (4) Fidelity 401 K - Acquired post-separation $ 43,433 Theresa Barrett Male, Esquire Prepared by Theresa Barrett Male (c) Family Law Software, Inc. v 10.012/19/2008 11:38am Bruce Keefauver & Terry Keefauver Page 3 2/19/2008 Bruce A. Keefauver v. Terry L. Keefauver Docket Number: 07-3988 PACSES Number: Date of Marriage: 09/13/1992 Date of Separation: 03/15/2000 Inventory and Agwaisement NON-MARITAL ASSETS - Terry Keefauver 2 3 4 Description of Property (Date of Sep'n Val) (Date of Cur Val) Title Date Acquired Current Value Exhibit 108 Spring St., Port Carbon, PA W 02/01/2008 $ 65,283(l) Waddell & Reed W 02/01/2008 $ 72, 682(2) DWS Scudder W 02/01/2008 $ 7,200(3) Sovereign Bank W 02/01/2008 $ 3, 059(4) TOTALS $ 148,224 Notes: (1) 108 Spring St., Port Carbon, PA - W acquired on 09/19/1995 in joint names with her mother. Her mother died in 2004 and the value is from the estate tax return. The marital portion is the increased equity from the date of acquistion. (2) Waddell & Reed - Inerhitance. Valus as of 06/30107. (3) DWS Scudder - Inheritance. Value as of 06/30/07. (4) Sovereign Bank - Acuired post-separation. Value as of August 2007. Theresa Barrett Male, Esquire Prepared by Theresa Barrett Male (c) Family Law Software, Inc. v 10.012119/2008 11:38am Bruce Keefeuver & Terry Keefauver Page 4 • M PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorneys for Defendant Law Firm of Theresa Barrett Male 2e??= 61:???- - Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: February 19, 2008 ?? sy t_%':? L ? ' ..??r y'yy W :..,.:? ?+, - ' i ?R ??? m E,... i o .. • Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. TERRY L. KEEFAUVER Defendant NO. 07-3988 Civil Term : CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF I verify that the statements made in this Income and Expense Statement 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. Plaintiff Page 1 of 2 i THE M S HERSHEY MEDICAL CENTER 500 University Dr PO Box 850 Hershey, PA 17033-0850 United States -VOID VOID VOID VOID VOID VOID VOID VOID PAY Bruce A. Keefauver TO THE ORDER 219 Fox Drive OF Mechanicsburg, PA 17050 US No. 1149023 Check Date: 02/08/2008 1890.37 NON-NEGOTIABLE EMPLOYEE'NAME Social Nbr EMP# PROC LVL. DEPT PERIOD END Bruce A. Keefauver 200-50-4121 20346 23 2070 02/02/2008 EARNIN GS DESCRIPTION HOURS CURRENT YEAR TO DATE Group Term Life Insurance 9.76 29.28 Holiday 732.96 Non Cash Payment In Kind 10.63 31.89 PTO - Primary 366.48 Regular Pay 80.00 3664.80 9528.48 Personal Holiday 366.48 Total Gross 80.00 3685.19 11055.57 Total Deductions 1794.82 5144.74 Total Net 1890.37 5910.83 TAXES/DEDUCTIONS DESCRIPTION CURRENT YEAR TO DATE Derry Township 57.76 173.28 BS Highmark Premium Pre-Tax 61.53 184.59 UCCI Dental Pretax 3.74 11.22 Local Services Tax (LST) $10 10.00 Savings Plan Fidelity 183.24 549.72 Fidelity EE 401 K Elective Amt 596.15 Federal Income Tax Withheld 620.49 1756.69 Fitness Center 9.00 27.00 Employee Paid Medicare 49.82 149.47 >,++>,--- //ar.cess.hershevmed.net/servlet/,Danalnfo=.albyvss2ljIrp3 5vtC3wwT80E+dme?PRO... 2/6/2008 Page 2 of 2 Pennsylvania Withholding Tax 110.81 332.43 PA Employee Ul 2.21 6.62 Employee Paid Social Security 213.04 639.11 NVA Vision Pretax 0.63 1.89 Fidelity EE 401k Elective % 183.24 366.48 Garnishment Fee 2.00 2.00 PA Child Support 276.92 276.92 AUTO DEPOSIT DISTRIBUTIONS ROUTING NBR BANK ACCOUNT DESCRIPTION AMOUNT 231382241 2183078670 Members First Fed CU 1890.37 https://access.hersheymed.netlservletl,Danalnfo=.albyvss2ljlrp35vtC3 wwT80E+dme?PRO... 2/6/2008 wo EXPENSES WEEK MONTH YEAR EXPENSES WEEK MONTH YEAR Home Education Mortgage/Rent 1129.35 Private School Maintenance $ 75.00 Parochial School Utilities College Electric $ 100.00 Religious Gas Personal Oil Clothing $25.00 Telephone $ 45.00 Food $215.00 Water $ 35.00 Barber/hairdresser $20.00 Sewer $ 94.40 Credit Payments Employment Credit Card $100.00 Public Transportation Charge _ Lunch Memberships Taxes Loans _ Real Estate $ 160.00 Credit Union $225.00 Personal Property $ 125.00 Insurance Homeowners $ 31.00 _ Automobile $ 70.00 Miscellaneous i _ Life Household Help Accident Child Care Health $ 143.00 Papers/books/mag Other Entertainment $750.00 Automobile Pay TV Payments $ 613.00 Vacation ___ ------ Fuel $ 217.00 Gifts _ Repairs $ 40.00 Legal fees $500.0_0 Medical Charitable contributions Doctor $ 15.00 Other child support Dentist $ 5.00 Alimony $600.00 Orthodontist Other f Hospital Medicine $ 6.00 Special Needs Glasses Braces Orthopedic devices Subtotal $ 2,903.75 Subtotal $2,435.00 Total Monthly $ 5,338.75 "'? W f 1 1 ,?7 r- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(&-tbmespuire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 2, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. t 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. Bruce A. Keefauver Date: September V , 2008 2 r LL3 -rte fT, r %of Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmesguire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. : NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. r?^ 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. Bruce A. Keefa ver Date: September ? , 2008 2 C1 ° '"' t .j ca:? !? .? V 1? ?? ..,? _.„.. ? .. ,. _.. ?-?? ..„ ?..,... s. ?? . r Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmeMuire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 2, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. r? _Jr 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. Terry L. efauver Date: September 2008 2 e?i.:. _ .. ?. '... {. f^y n. ?? ? ? ? ?`, „? C f Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm .tbmesguire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff V. NO. 07-3988 Civil Term TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. r 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. i? Terry L. K auver Date: September 1 2008 2 r" ?- ? ?Z~l ?:.? _ ^it j.M.? ?? G_° `?? ?_ ?_ C? k a? .• , ?.f ?a ? "•6J / t BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3988 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 44Z-4xfJ'?/' 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on September 8, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: Z'Iheresa Barrett Male Attorney for Plaintiff ZJames G. Nealon, III Attorney for Defendant 00PI'Es M?.tLL Q/,??oe BY THE COURT, W?oo nv?-x Edgar B. Bayley, P.J. k. L=Lr ?. BRUCE A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3988 CIVIL TERRY L. KEEFAUVER, Defendant IN DIVORCE THE MASTER: Today is Monday, September 8, 2008. This is the date set for a conference in the above-referenced divorce proceedings. Present in the hearing room are the Plaintiff, Bruce A. Keefauver, and his counsel Theresa Barrett Male, and the Defendant, Terry L. Keefauver, and her counsel James G. Nealon, III. This action was commenced by the filing of a complaint in divorce on July 2, 2007, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On August 24, 2007, an amended complaint was filed raising an additional ground for divorce of indignities. With respect to the issue of grounds for divorce, the parties have provided the Master today affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers. On July 19, 2007, an answer and counterclaim were filed. The counterclaim raised economic claims of alimony, 1 alimony pendente lite, and counsel fees and costs. The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The Master has been advised that the parties are going to return with counsel later today to review the draft of the agreement for typographical errors, make corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Nevertheless, when the parties leave the hearing room today, they are bound by the terms of the agreement even though there is no subsequent affirmation of the agreement by signature. The parties were married on September 13, 1992, and separated March 15, 2000. There were no children born of this marriage. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. 2 It is the Master's understanding, however, that the agreement is going to provide when the praecipe can be filed pursuant to certain provisions regarding the continuation of health care for a brief period of time for wife's benefit. Mr. Nealon. MR. NEALON: Thank you. The terms of the agreement are as follows: 1. As to the marital residence at 219 Fox Drive, Mechanicsburg, Pennsylvania, husband within forty-five (45) days of today's date will refinance the existing first and second mortgages so as to remove wife from those obligations. At the time of the refinancing, wife will receive $53,042.50. At some point today, wife will execute a deed conveying all right, title and interest to the property to husband. However, the deed will be held in escrow by counsel for husband and shall not be filed until the time of the refinancing. 2. Upon the payment of the proceeds from the refinancing, wife's alimony pendente lite shall terminate. At that time, the case shall be closed and any credits be zeroed out. 3. Wife will receive 100% of the Vanguard IRA. If necessary, the parties will split any costs to complete any orders necessary to effectuate the transfer. 4. Husband waives all right, title and interest to wife's separate property consisting of the real estate located at 108 Spring Street in Port Carbon, Pennsylvania, as well as any other separate assets including but not limited to her Waddell and Reed account and her DWS Scudder account. 5. Wife waives all right, title and interest to husband's separate property including but not limited to his 401(k) with the Hershey Medical Center. 6. The parties have divided to their satisfaction all of their personal property. Any personal property currently in the possession of a party will be considered their property. It includes all tangible and intangible personal property. 3 7. Husband will maintain wife on his medical insurance through his employment until the divorce is finalized. He will cooperate with wife in order to allow her to obtain any COBRA benefits through his employment. 8. Both parties waive all counsel fees and agree to be responsible for their own counsel fees. 9. Wife waives all claims, other than stated above in the agreement, to spousal support, alimony pendente lite, alimony or separate support. 10. Counsel for husband and filing a praecipe to allow the divorce to be transmit the record will today or upon payment of whichever is later. will be responsible for preparing transmit the record in order to entered. However, the praecipe to be filed thirty (30) days from the proceeds of the refinancing 11. The parties agree that this agreement shall be incorporated but not merged into the divorce decree for enforcement purposes. 12. The parties represent that there is no marital debt other than the first and second mortgage that has to be refinanced. To the extent that either party has any debt in their own name, they will be solely responsible for such debt. 13. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. MALE: Mr. Keefauver, you've been present during Mr. Nealon's recitation of the agreement that we have 4 I reached today; is that correct? MR. KEEFAUVER: Yes. MS. MALE: And have you had an opportunity to speak with me about the terms of the agreement before Mr. Nealon placed them on the record? MR. KEEFAUVER: Yes, I have. MS. MALE: Do you understand those terms as he has described them? MR. KEEFAUVER: I do. MS. MALE: And do you agree that those are the terms under which you agree to finalize all the economic issues in the divorce? MR. KEEFAUVER: Yes. MR. NEALON: Ms. Keefauver, were you present when I just read into the record the agreement of the parties? MS. KEEFAUVER: Yes. MR. NEALON: Do you understand the terms of the agreement? MS. KEEFAUVER: Yes. MR. NEALON: Have you had an opportunity to meet with me to discuss the agreement? MS. KEEFAUVER: Yes. MR. NEALON: Are you satisfied with the terms and conditions of the agreement? 5 . MS. KEEFAUVER: Yes. MR. NEALON: And do you want the agreement to be made part of the record and then to have the divorce entered? MS. KEEFAUVER: Yes. THE MASTER: Thank you all for your effort here today. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: d p b? ?, Theresa a rett Male Bruce A. Ke fauver Attorn y r Pl tiff James G. Nealon, III Terry e a r Attorney for Defendant 6 BRIAN A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM TERRY L. KEEFAUVER, IN DIVORCE Defendant/Petitioner PACSES CASE: 336109555 ORDER OF COURT AND NOW to wit, this 3rd day of November 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective October 24, 2008, pursuant to the parties' Martial Settlement Agreement dated September 8, 2008. There is no balance due the Petitioner. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY T COURT: co Edgar B. Bayley, I J. DRO: R.J. Shadday xe: Petitioner Respondent Theresa Barrett Male, Esq. James G. Nealon, III, Esq. Form OE-001 Service Type: M Worker: 21005 _? ?=? ' ,`_ ? ? ?.? :.,?: ?. ,.?, BRUCE A. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3988 CIVIL TERM TERRY L. KEEFAUVER, IN DIVORCE Defendant/Petitioner PACSES CASE: 336109555 AMENDED ORDER OF COURT AND NOW to wit, this 3rd day of November 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective October 24, 2008, pursuant to the parties' Martial Settlement Agreement dated September 8, 2008. There is no balance due the Petitioner. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. QTH OURT: ? C Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Theresa Barrett Male, Esq. James G. Nealon, 111, Esq. Form OE-001 Service Type: M Worker: 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER Sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: BRUCE A. KEEFAUVER Member ID Number: 06993.01832 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name TERRY L. KEEFAUVER PACSES Docket Case Number Number 336109555 07-3988 CIVIL Attachment Amount/Freauenc TOTAL ATTACHMENT AMOUNT: $ 600.00 MONTH / / $ 600.00 The prior Order of this Court directing the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 138.08 or 5 o % per week of the Unemployment Compensation benefits of BRUCE A. KEEFAUVER ,Social Security Number XXX_XX_4121 , Member ID Number 0699101832 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. Date of Order: NOV 0 4 2008 BY THE COURT v ? Gv' EDGAR B. BAYLEY, JUDGE DRO: R. J. SHADDAY Form EN-035 Rev.I Service Type M Worker ID $ IATT Zt ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-3988 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 11/03/08 Ox Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: KEEFAUVER, BRUCE A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 200-50-4121 Employee/Obligor's Social Security Number HERSHEY MEDICAL CENTER 0699101832 PO BOX 855 Employee/Obligor's Case Identifier HERSHEY PA 17033-0855 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o.oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 0 . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0. oo per semimonthly pay period (twice a month) $-------2 . oo per biweekly pay period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCI ECU TY,I IMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B. BAYLEY, JLbGE DRO: R. J. SHADDAY orm EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS M hecke? you are required to provide a opy of this form to your m loyee. If your employee works in a state that is erent from the state that issued this order, a copy must be provi?edpto your employee even if the box is not checed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328918070 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : E3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:KEEFAUVER, BRUCE A. EMPLOYEE'S CASE IDENTIFIER: 0699101832 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KEEFAUVER, BRUCE A. PACSES Case Number 336109555 Plaintiff Name TERRY L. KEEFAUVER Docket Attachment Amount 07-3988 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT ?? { t- Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrna-tbmesqu i re. corn Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER Plaintiff NO. 07-3988 Civil Term V. TERRY L. KEEFAUVER Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified mail, restricted delivery on July 5, 2007 as confirmed by the Affidavit of Service filed on July 10, 2007. 3. Complete either paragraph (a) or (b). v (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff: September 8, 2008; by defendant: September 8, 2008. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: August 16, 2007. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed on August 24, 2007 and served on August 30, 2007. 4. Related claims pending: None. All claims raised of record were resolved by the agreement reached by the parties before Divorce Master E. Robert Elicker, If on September 8, 2008. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: September 10, 2008. Date defendant's Waiver of Notice was filed with the prothonotary: September 10, 2008. Attorney for Plaintiff Date: November 5, 2008 2 .. .. c?a r??-, ,. ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VIA STATE OF PENNA. Plaintiff VERSUS No. 3988 Civil 2007 DECREE IN DIVORCE l2._._ AND NOW ?'oo?, IT IS ORDERED AND DECREED THAT Bruce A. Keefauver , PLAINTIFF, AND Terry L. Keefauver ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD I THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AiLIA-e All claims raised of record are resolved by the agreement placed on the record before E. Robert Elicker, II, Esquire, on September 8, 2008. A copy o e ranscnp Is a s BY THE C ATTEST: J. PROTHON'OfIARY orw , ??Y f, /V-'O* V*/ fp * lo?r* W, - Exhibit 1 BRUCE A. KEEFAUVER, Plaintiff VS. TERRY L. KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3988 CIVIL IN DIVORCE THE MASTER: Today is Monday, September 8, 2008. This is the date set for a conference in the above-referenced divorce proceedings. Present in the hearing room are the Plaintiff, Bruce A. Keefauver, and his counsel Theresa Barrett Male, and the Defendant, Terry L. Keefauver, and her counsel James G. Nealon, III. This action was commenced by the filing of a complaint in divorce on July 2, 2007, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On August 24, 2007, an amended complaint was filed raising an additional ground for divorce of indignities. With respect to the issue of grounds for divorce, the parties have provided the ? Master today affidavits of consent and waivers of notice of ' intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers. On July 19, 2007, an answer and counterclaim were filed. The counterclaim raised economic claims of alimony, 1 alimony pendente lite, and counsel fees and costs. The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The Master has been advised that the parties are going to return with counsel later today to review the draft of the agreement for typographical errors, make corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Nevertheless, when the parties leave the hearing room today, they are bound by the terms of the agreement even though there is no subsequent affirmation of the agreement by signature. The parties were married on September 13, 1992, and separated March 15, 2000. There were no children born of this marriage. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. 2 It is the Master's understanding, however, that the agreement is going to provide when the praecipe can be filed pursuant to certain provisions regarding the continuation of health care for a brief period of time for wife's benefit. Mr. Nealon. MR. NEALON: Thank you. The terms of the agreement are as follows: 1. As to the marital residence at 219 Fox Drive, Mechanicsburg, Pennsylvania, husband within forty-five (45) days of today's date will refinance the existing first and second mortgages so as to remove wife from those obligations. At the time of the refinancing, wife will receive $53,042.50. At some point today, wife will execute a deed conveying all right, title and interest to the property to husband. However, the deed will be held in escrow by counsel for husband and shall not be filed until the time of the refinancing. 2. Upon the payment of the proceeds from the refinancing, wife's alimony pendente lite shall terminate. At that time, the case shall be closed and any credits be zeroed out. 3. Wife will receive 100% of the Vanguard IRA. If necessary, the parties will split any costs to complete any orders necessary to effectuate the transfer. 4. Husband waives all right, title and interest to wife's separate property consisting of the real estate located at 108 Spring Street in Port Carbon, Pennsylvania, as well as any other separate assets including but not limited to her Waddell and Reed account and her DWS Scudder account. 5. Wife waives all right, title and interest to husband's separate property including but not limited to his 401(k) with the Hershey Medical Center. 6. The parties have divided to their satisfaction all of their personal property. Any personal property currently in the possession of a party will be considered their property. It includes all tangible and intangible personal property. 3 Y 7. Husband will maintain wife on his medical insurance through his employment until the divorce is finalized. He will cooperate with wife in order to allow her to obtain any COBRA benefits through his employment. 8. Both parties waive all counsel fees and agree to be responsible for their own counsel fees. 9. Wife waives all claims, other than stated above in the agreement, to spousal support, alimony pendente lite, alimony or separate support. 10. Counsel for husband will be responsible for preparing and filing a praecipe to transmit the record in order to allow the divorce to be entered. However, the praecipe to transmit the record will be filed thirty (30) days from today or upon payment of the proceeds of the refinancing whichever is later. 11. The parties agree that this agreement shall be incorporated but not merged into the divorce decree for enforcement purposes. 12. The parties represent that there is no marital debt other than the first and second mortgage that has to be refinanced. To the extent that either party has any debt in their own name, they will be solely responsible for such debt. 13. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take-against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. MALE: Mr. Keefauver, you've been present during Mr. Nealon's recitation of the agreement that we have 4 1 reached today; is that correct? MR. KEEFAUVER: Yes. MS. MALE: And have you had an opportunity to speak with me about the terms of the agreement before Mr. Nealon placed them on the record? MR. KEEFAUVER: Yes, I have. MS. MALE: Do you understand those terms as he has described them? MR. KEEFAUVER: I do. MS. MALE: And do you agree that those are the terms under which you agree to finalize all the economic issues in the divorce? MR. KEEFAUVER: Yes. MR. NEALON: Ms. Keefauver, were you present when I just read into the record the agreement of the parties? MS. KEEFAUVER: Yes. MR. NEALON: Do you understand the terms of the agreement? MS. KEEFAUVER: Yes. MR. NEALON: Have you had an opportunity to meet with me to discuss the agreement? MS. KEEFAUVER: Yes. MR. NEALON: Are you satisfied with the terms and conditions of the agreement? 5 f MS. KEEFAUVER: Yes. MR. NEALON: And do you want the agreement to be made part of the record and then to have the divorce entered? MS. KEEFAUVER: Yes. THE MASTER: Thank you all for your effort here today. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE., heresa Ba rett Male Rri??n D rte Fes,,.. , Attorn r P1 tiff ' J-A ??IJAIJF. I James G. Nealon, III Terry a r Attorney for Defendant 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE A. KEEFAUVER, PLAINTIFF : No. 07-3988 Civil Term VS. TERRY L. KEEFAUVER, DEFENDANT : Civil Action - Law : Divorce NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant, Terry L. Keefauver, in the above referenced matter: prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated r 2 (? ]1 hereby elects to resume the prior surname of Terry L. Davidson and gives this written notices avowing her intention pursuant to the provisions of 54P.S. 704. Dated: *?Ioy ?/ r1J Signature .inn dnrr Signature o ame bein resumed COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF On the Q ? day of/yd X2008, before me the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In witness whereof, I have hereunto set my hand and Official seal. l Prothonotary or Nota ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia St. Clair 13m, Mott y Public uy*M County [#MAea n *810n E? Mar 6. ? Notaries .a 0 c° r? c f?