Loading...
HomeMy WebLinkAbout03-6410 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. t:>3 - ~Lf.IO CtU'\L I~ : CIVIL ACTION-LAW : IN DIVORCE MARGRETTA K. KEPTNER, Plaintiff TIMOTHY A. KEPTNER, Defendant 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 (717) 249-3166 MARGRETTA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03 - ~I./JD CIU'~C/~ TIMOTHY A. KEPTNER, Defendant : CIVIL ACTION-LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff. Margretta K. Keptner, by her attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Margretta K. Keptner. an adult individual whose current address is 1 Foxfield Court, Mechanicsburg, Cumberland County. Pennsylvania 17050. 2. Defendant is Timothy A. Keptner, an adult individual whose current address is 1 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 15, 1984, in Harrisburg, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 188-36-6453 and the Social Security Number of the Defendant is 164-38-4929. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. PURCELL. KRUG & HALLER o~ ----- Joh W. Purcell, Jr., Esquir'e' I 29955 719 North F rent Street Harrisburg, PA 17102 (717)234-4178 Dated: Vc c ,) J{JD3 I 3 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and co rrect. I understand that false statements herein are made subject to the penalties of 18 PA C.S. S 4904 relating to unsworn falsification to authorities. Dated: December 3, 2003 (-) -l9.. - 1 'l ...0 n' 0 C) D C;'- w -r, ""t.c :~, . " 0;/ C-) -;;.- -- ~ J:~. Lr - :,; i~[) "- "- OJ c' " ~ '-J ~l :t"" ~ '. ';; r- -J ;<, ' "'j :::~J V) ~'(- t) 0 P. ;::) . );-n ~ r- Oo) :t:! :'0 - r" -< l ~ MARGRETIA K.KEPTNER, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6410 CIVIL TERM TIMOTHY A. KEPTNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT AND NOW. this /1A:L day of jJ~. ,2003. I, Mark A. Mateya, Esquire, attorney for the Defendant, hereby accepts service of the Complaint in Divorce filed in the above matter on December 14, 2003. Mark A. Mateya Esquim Attorney for Defendant P.O. Box 11848 Harrisburg, PA 17108-1848 1.D # 78931 D S; :'<". ~~- ..2:- -.-) -< ,"',) "" = = <.u <::) rr; n p q ::t rn:!J r-- --0 rn ~6 .........-r; ~)~ (5J,' ,,-J :1:; -~ r" r" -n ::: c...' MARGRETTA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-6410 CIVIL TERM : CIVIL ACTION . LAW TIMOTHY A. KEPTNER, Defendant : IN DIVORCE MOTION TO COMPEL PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS NOW COMES Defendant, Timothy A. Keptner, by and through his counsel, Mark A. Mateya, Esquire, and in support of the foregoing Motion to Compel Plaintiffs Response to Defendant's Request for Production of Documents avers the following: I. Plaintiff commenced this action by way of filing a Complaint to the above term and number on or about December II, 2003. 2. Defendant served upon Plaintiffs counsel, John W. Purcell, Jr., Esquire, discovery docwnents consisting of Interrogatories addressed to Plaintiff and Request for Production of Documents on or about February 26,2004. A copy of Defendant';s Interrogatories and Request for Production ofDocwnents addressed to Plaintiff are attached hereto as Exhibit "A" and are incorporated herein by reference. 3. Plaintiffs response or objections thereto to the Defendant's discovery requests was due within thirty (30) days after the date of service of the discovery requests. The Plaintiffs response and/or objection to the discovery requests was due to Defendant's counsel on or about March 26, 2004. 4. On or about May 28. 2004. Defendant's counsel sent a written communication to Plaintiffs counsel requesting the Plaintiffs responses to the discovery requests. A copy of the May 28, 2004, communication is attached hereto as Exhibit "B" Gind is incorporated herein by reference. 5. Defendant's counsel spoke by telephone with the Plaintiff's counsel again on July 12. 2004, requesting the responses to Plaintiff's discovery requests. A letter of that date was also sent confirming the telephone conversation. A copy of the written communication dated July 12, 2004 is attached hereto as Exhibit "c" and is incorporated herein by reference. 6. On or about July 19. 2004, Plaintiff's counsel provided Defendant's counsel with partial responses to Defendant's Interrogatories. A copy of Plaintiff's responses are attached hereto as Exhibit "D" and are incorporated herein by reference. 7. On July 19, 2004, Plaintiff's counsel provided DefendEmt's counsel with no responses to the Request for Production of Documents. 8. On August 12,2004, counsel for the parties met at the office of Plaintiff's counsel in order to obtain the requested responses to Defendant's discovery requests which were still lacking responses. 8. To the date of this writing, Plaintiff has failed to adequately provide responses to Defendant's Request for Production of Documents, and the time lor filing a response and/or objection to the Request for Production for Documents has expired pursuant to Pa. Rules of Civil Procedure 40l9(a)(vii). 9. To the date of this writing, Plaintiff has failed to adequately provide responses to Defendant's Interrogatories, and the time for filing a response and/or objection to the Interrogatories has expired. More specifically, Plaintiff has failed to adequately provide responses to Interrogatories number 6. 7,12,15.16,17,18, 19, 20, 21, 23, 24(c), 25, 26. 28, 29 (e). 29(j), 31, and 32 pursuant to Pa. Rules of Civil Procedure 4019(a)(i). 10. Defendant is unable to adequately negotiate a reasonable settlement in this matter without full and complete answers to the Interrogatories and Request for Production of Documents. WHEREFORE, upon consideration of the foregoing, Defendant respectfully requests that this Honorable Court issue an Order upon the Plaintiff to provide the responses to Defendant's Interrogatories and Request for Production of Documents within ten (10) days of the entry of said Order or in the alternative, schedule a hearing on this matter at the earliest convenience ofthe Court. Date: %~~ Respectfully submitted, bL~ Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Defendant CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certifY that I have served a copy of the foregoing Motion to Compel Plaintiffs Response to Defendant's Interrogatories and Request for Production of Documents on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: JOHN W PURCELL JR ESQUIRE PRUCELL KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG PA 17102 ~~~ P.O. Box 127 Boiling Springs, PAl 7007 (717) 241-6S00 Dated: ~~l~ MARGRETTA K. KEPTNER, Plaintiff : IN THE COURT OIr COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-6410 CIVIL TERM : CIVIL ACTION - LAW TIMOTHY A. KEPTNER, Defendant : IN DIVORCE DEFENDANT'S INTERROGATORIES - FIRST SET ADDRESSED TO PLAINTIFJl? The above-named Defendant, Timothy A. Keptner, by his attorney, Mark A. Mateya, Esquire, hereby demands that the party to whom these Interrogatories are addressed answer fully, in writing and under oath, the following Interrogatories pursuant to the applicable Rules of Civil Procedure and the Pennsylvania Divorce Code. DEFINITIONS AND INSTRUCTIONS As used herein: A. "Description" or "describe," when referring to a document as hereinafter defined, means that you will set forth the author(s) or originator(s), addressee(s), date, title or subject matter, the nature of the document, the present custodian of the original thereof or. ifunknown, the present custodian of any copy thereof and the last known address of each such custodian, and attach a copy ofthe document to your answers or advise when and where it will be produced for inspection and copying. "Description" or "describe," when referring to an oral communication as hereinafter defined, means that you will set forth by whom and to whom each such communication was made, the date that it was made, the place at which it was made, the substance thereof, and a description of any document pertaining to the communication. "Description" or "describe," when referring to a physical thing other than a document, means that you will set forth a physical description of the thing in question, identify its present custodian, and describe any documents containing a depiction or description of the thing. B. "Document" means any written, printed, typed or other graphic matter of any kind or nature, including but not limited to, agreements, contracts, assignments, letters, telegrams, inter-office communications, memoranda, reports, records, transcripts, instructions, specifications, notes, notebooks, diaries, minutl:s, minutes of meetings, plans, photocopies, charts, graphs, descriptions, photographs:, motion pictures, videotapes, mechanical or electronic sound recordings or trallscripts thereof, and any other retrievable data, whether an original or a copy made by any means, including any non-identical copy (whether different from the original because of any alterations, notes, comments or otherwise), together with any supplements or attachments thereto or enclosures therewith. C. "Oral Communication" means all non-written commullications, whether face to face, by telephone or otherwise. D. "Identification" or "identify," when referring to an individual, a corporation or 1 <JA,bA A other entity means that you will set forth the name, present or last known address and, if a corporation or other entity, its principal place of business, or if an individual, his or her title or titles and by whom employed. Once an individual, corporation or other entity has been thus identified in answer to an interrogatory, it is sufficient thereafter when identifying that individual, corporation or other entity to stat<e merely his, her or its name. E. "Date" means the exact day, month and year if ascertainable, or if not, the best approximation including relationship to other events. F. "Person" means an individual, corporation, proprietorship, partnership, association or other entity. G. Whenever the expression "and/or" is used in these intlerrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given sleparately for each and every element sought. H. No answer is to be left blank. If the answer to an intelTogatory or subparagraph of an intelTogatory is "none" or "unknown," such statement must be written in the answers. If the question is inapplicable, "N/ A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. 1. These intelTogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. J. If additional space is required for an answer, attach a supplemental answer sheet which clearly identifies the intelTogatory number. I. GENERAL INFORMATION I. State your full name and present address where you are actually residing. 2. For how long have you been residing there? 3. State your date of birth. 4. State your educational background since graduation from high school. Include all educational institutions attended, dates of attendance, degree or certificates obtained. 2 5. If you are currently separated from your spouse, state the date of separation. 6. With respect to any previous marriage by you, statl~: a. date and place of marriage; b. name of prior spouse: c. names, date of birth, and current address of any children, including name of custodial parent for any dependent children; d. date and place of divorce or annulment; and e. terms of any Court Order or Agreement, for support to your former spouse and/or for the children of such prior mmriage or received by you for yourself or such children. II. REAL ESTATE 7. As to any real estate in which you now have, or have had an interest at any time during the past three (3) years, whether individually, jointly, or in partnership form, or as trustee for any person, or as beneficiary under any trust, or held by anyone for your beneficial interest complete one of the information sheets attached hereto and identified as FORM "A:" (NOTE: Use one FORM "A" for each real estate interest). Enter here the number of FORM "A's" attached .' NOTE: Please include the marital home, the vacation home held in both Husband and Wife's name, vacation home held in Plaintiffs name mid other residence held in Plaintiffs name, any townhouse where Plaintiff has an expllctation or beneficial interest, and any other real property which meets the criteria stated in Paragraph 7 above. 3 III. EMPLOYMENT AND INCOME 8. State your primary occupation or profession. 9. State any other occupations or professions in which you have engaged within the past three (3) years. 10. State any occupations or professions for which you are qualified by virtue of your educational background as set forth in question 4. (Education Background) 4 11. State all licenses or certificates held by you from any governmental unit or occupational or professional group, organization or board. 12. As to each source of wage and/or salary income complete the attached wage and salary information sheets identified as FORM "B." (NOTE: Use one FORM "B" for each source.) Enter here the number of FORM "B's" attached 13. If, within the last three (3) years, you have obtained rental income from any real estate, state: a. location or identification of the rental income property; b. name and address of each person from whom rental income was received; c. terms of any lease agreement with respect to each source of rental income. 5 14. Check which ofthe following have produced income or loss for you at any time during the past three (3) years: [ ] dividends [ ] interest (including interest on tax-exempt securities) [ ] partnerships in which you are a partner [ ] consulting fees [ ] director fees [ ] advisor fees [ ] profit on sale of assets reported on Schedule "D" of your Federal Income Tax Returns [ ] business income (reported on Schedule "C" of your Federal Income Tax Returns) [ ] alimony [ ] unemployment compensation [ ] disability income payments Buyout or payout from a business or professional group, association, partnership or corporation. 6 15. Attach copies of your Federal and State income tax mturns for each of the immediately preceding three (3) years including all accompanying schedules. IV. BUSINESS OR COMMERCIAL INTERESTS 16. Complete one FORM "C" attached hereto for each corporation in which you now hold or have held within the past three (3) calendar years 1 0% or more of the outstanding and issued capital stock, whether common or preferred. (NOTE: Use one FORM "C" for each such interest). Enter here the number of Form "C's" attached 17. Complete one FORM "0" attached hereto for each partnership in which you now hold or have held within the past three (3) calendar years any interest. (NOTE: Use one FORM "0" for each such interest). Enter here the number of Form "D's" attached. V. ASSETS OTHER THAN COVERED IN PARTS II AND IV 18. Identify any automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle of any nature that you own or have an interest therein and set forth: (use supplemental sheet if necessary). a. make, model, year; b. date acquired; 7 c. purchase price or value at acquisition; d. your opinion as to current fair market value; e. how title is held; f. name and address of any co-owners or interest holders; g. date, initial amount, present balance of any liens or encumbrances thereon including identity oflienholder. 19. State whether you own any furniture, household goods, jewelry, antiques, art work, furs, collections or other items of value exceeding $ 500.00. For each item set forth: (use supplemental sheet if necessary) a. description: b. date of acquisition: c. If purchased, source of funds used to purchase: d. purchase price or value at acquisition if not purchased; 8 e. your opinion as to fair market value; f. present location. 20. Set forth, with particularity, all personal property of the character described in questions numbered 18 and 19 which you have transferred or disposed of during the last three (3) years, having a value or having been sold for $ 500 or more, setting forth as to each property: (use supplemental sheet if necessary) a. name and address of the transferee; b. relationship to yourself, if any, of the transferee; c. a complete description of each property; d. consideration received for each transfer and the disposition of such consideration; e. name and address of all persons having knowledge of the facts set forth above. 21. Complete one FORM "E" attached for each banking account (checking, passbook, NOW, statement savings, certificate of deposit, savings certificate, etc.) in which you now have or, within the past three (3) years, up to the date of separation, have had, any 9 interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodial or trustee. NOTE: IRAs, Keoughs or other bank retirement plans need not be mentioned here, see question 35. Enter here the number of FORM "E's" attached 22. State the name, business address and telephone number of: a. your present accountant and any accountant who has performed accounting services for you during the past three (3) years; b. your stockbroker or any securities brokerage firm with whom you presently maintain an account or with whom you have maintained any account within the past three (3) years; 23. Complete FORM "F" for any and all bonds, stocks, other securities, mutual funds, money market funds in which you now have or within the past three (3) years have had any interest whatsoever whether individual, joint, as custodian or trustee for others or as the beneficiary of an account held by another as custodian or trustee. Include securities even if interest or dividends thereon are exempt from taxation. 10 24. If you have at present or if you have had within the past three (3) years an account with any security dealer or broker, state: a. name of broker or dealer; b. business location; c. attach monthly statements of account for the past three (3) years. 25. Identify any safe deposit box which you have had or used within the past three (3) years and set forth: a. name and location of the institution of each box or depository; b. the name or names in which it is registered; c. date of opening and closing of each; d. present contents of each box or depository; e. the identity of anyone who has access; 11 f. the date of your access to the last three (3) years. 26. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc. and set forth: a. nature and amount of each obligation and date incurred; b. name and address of each debtor; c. conditions of payment; d. consideration given; e. collateral or security for obligation; f. current balance due; g. attach writing indicating proof of debt or obligation. 12 27. Do you anticipate receipt of any devise, bequest, gifts, or inheritance? If so, set forth: a. when receipt is anticipated; b. amount to be received; c. from whom receipt is anticipated; d. any documents in support of such bequest, devise, gift or inheritance. 28. List all insurance policies including life, health, major medical, in which you, your wife or your children are either the owner, insured or beneficiary, and to each policy set forth; a. identity of insurance company and policy number; b. face amount and maximum benefit payment; c. amount of deductible, if any; d. type (whole life, major medical, health, etc.); e. identity of the owner, insured and beneficiary and any relationship to you; f. annual premiums and the payor; g. present cash surrender value. 13 29. With respect to any money, property or items of value which are held in trust for your benefit or use, state: a. the nature ofthe property and its location; b. identity of any custodian or trustee; c. the date you became a beneficiary; d. if a trust, the identity of the settlor and your relation thereto; e. the cost or value of the property at the commencement of the trust; f. how property was acquired and who paid the consideration; g. the present value of the trust; i. identity of any other beneficiary and your relationship Ihereto; j. a copy of the trust instrument. 14 30. With respect to any money, property or items of value which you hold in trust, state: a. the nature and location ofthe property; b. identifY of any custodian; c. date you became trustee; d. value and cost of the property at the commencement of the trust; e. how property was acquired and who paid the consideration; f. the present value; g. identity of the beneficiary and your relationship thereto; h. identity of settlor and your relationship thereto; I. the basic terms of the trust; j. a copy of the trust instrument. 15 31. If you have, or have had prepared for you, a financial or net worth statement within the past three (3) years, set forth; a. date prepared; b. identity of preparer; c. identify to whom statement was issued; d. purpose of preparation or issuance; e. a copy of financial net worth statement. 32. If you now hold or, within the past three (3) years have held, any patent, copyright, trademark or royalty rights, set forth: a. description of such right; b. date acquired; c. identity of any co-holder; d. basic terms of such right; 16 e. the present value; f. amount of annual benefits or income received therefrom. 33. If you are now, or, within the past three (3) years have been a party to a contract or option of any kind, set forth; a. details of such contract or option; b. all documents in connection therewith; c. whether or not said contract or option is still in force and effect. 34. With respect to any gifts, inheritances, bequests, or devises which you have either actually received or have become entitled to receive, within the past three (3) years, because of the death of any person, state: a. date received or, if not yet received, best estimate of date upon which you will receive the inheritance; b. identity of the individual, firm or corporation from whom you received the gift or inheritance; 17 c. description of each asset(s) received (if stocks or bonds, state number of shares or face amount): d. value or amount of each asset received as of: (1) date of receipt; (2) date of separation; (3) present date: e. basis for the receipt (i.e. gift or inheritance); f. present location of the asset (ifbank account or securities account, attach bank or brokerage statements for most recent 24 months); g. if asset has been sold or liquidated in whole or in part by you within the past three (3) years, state: (1) date of sale or liquidation; (2) identity of asset sold or liquidated; (3) amount received by you in the transaction; (4) disposition of the proceeds; 18 h. If any of the foregoing assets are held in trust for your benefit, state: (I) identity of trustee; (2) attach most recent 24 months of statements from the trustee; 35. Complete one FORM "G" for each pension or other retirement plan, IRA, Keough, etc. in which you now participate or have participated at any time within the past three (3) years. Enter number of Form "G's" attached VI. CREDIT, LIABILITIES AND OBLIGATIONS 36. For each credit card or charge account maintained by you at present or at any time within the past three (3) years, whether in your individual name or jointly with others, state: a. Identity of issuer of credit card or charge account; b. account number; c. in whose name account is maintained; d. date opened; 19 e. attach monthly statements for the past three (3) years. 37. If you have either applied for and/or received a loan or credit within the past three (3) years, set forth; a. date and amount applied for and/or borrowed; b. name and address of person, firm or corporation from whom borrowed; c. any documents submitted to lender; d. whether loan and evidences or secured by any note or any to other evidence of such obligation; e. name and address of any person who co-signed or gulrranteed such loan; f. dates and amounts of any payments on account of any such loans and method of payment; g. rate of interest on loan; h. present unpaid amount. 20 38. Set forth, in detail, any of your obligations, whether individual, joint or joint and several, including, but not limited to, contract obligations, financing statements, promissory or judgment notes, including: a. name and address of each creditor; b. form of each obligation and date incurred; c. consideration received for the obligation; d. amount of original obligation; e. rate of interest; f. description of any security given; g. present unpaid balance on the obligation. 21 39. If there is any wage attachment or order to payout of income earnings, set forth; a. amount deducted weekly; b. identity of the payee and the beneficiary; c. balance due; d. the terms of payment. 40. Please state all addresses including post office boxes: at which you currently or within the past 24 months have received mail. 22 41. State the details of every suit in which you are now or have been a party within the last three (3) years. BY: Mark A. Mateya Attorney for Defendant, Timothy A. Keptner 23 VERIFICATION I verifY that the statements made in these Interrogatories and any attached schedules are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Margretta K. Keptner Plaintiff Date: 24 FORM A REALESTATElNFORMATION - INTERROGATORY#7 (NOTE: complete one (1) form "A" for each Real Estate interest) a. address of property: b. type of property: (ex: condo, single family residence, unimproved lot, commercial, etc.) c. nature of your interest: 25 Form A continued d. date of acquisition: e. method of acquisition (purchase, inherited, gift); f. name( s) in which title recorded: g. purchase price or value at acquisition: 26 Form A continued h. current fair market value: i. name and address of any co-owners and extent and nature of their interest: j. as to any mortgage, encumbrance or lien of any nature, provide: 1. identity of mortgagee or holder of encumbrance: 2. I identifY of any co-mortgagors: 3. amount of original mortgage or encumbrance: 4. amount of present outstanding mortgage: 27 Form A continued 5. original term of mortgage: 6. remaining term of mortgage: k. Attach any appraisal of the property that has been made within the last three (3) years. I. If the property or your interest therein has been sold or otherwise transferred within the past three (3) years, state: 1. date of sale or transfer: 2. identity oftransferee(s): 3. consideration paid for transfer: 4. terms of sale or transfer: 5. whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due: 28 Form A Continued 6. the disposition ofthe proceeds. 29 FORM "B" INCOME FROM WAGES AND/OR SALARY (NOTE: Complete one (1) Form "B" for each source of wage or salary.) a. name and address of business from which you receive salary or wage: b. indicate which of the following is applicable to the source of wage or salary income identified on this form: [ ] self-employed [ ] employed by another [ ] partnership ion which you are a partner [ ] sole proprietorship in which you are the sole proprietor [ ] professional corporation in which you are a sharehol!der [ ] other, please indicate. c. title or capacity in which you are employed, and nature of your duties: d. date of your initial employment: e. whether you have entered into a written agreement of employment, if so, attach a copy ofthat agreement: f. your gross yearly, monthly or weekly income; if paid on an hourly basis, state hourly rate of pay for both regular and overtime hours: 30 Form B Continued g. list all deductions from your pay, including, but not limited to, taxes, insurance, FICA, savings, loans: h. your net yearly, monthly or weekly income: I. attach your federal income tax returns, including all s(;hedules attached thereto, for the last three (3) years and the last four (4) pay stubs receiv(;d from your employer: j. if you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past three (3) years including the current calendar year to date: k. set forth any bonuses received by you from your employer in the past three (3) years indicating date and amount received: I. if you participate in any pension, profit-sharing or oth(:r deferred compensation plan, state as to each such plan: 1. identity of plan and plan administrator; 2. amounts credited to your account in each of the past three (3) years; 3. portion of amounts in number 2 contributed by you and portion contributed by your employer; 31 .' Form B continued 4. present balance of your interest in such plan; 5. the extent to which your rights to each such plan has vested; 6, attach any brochures defining the terms and provisions of the plan(s); 7. name of any beneficiary of such plan(s). m. if you are a participant in any stock option or stock bonus plan, state: 1. identity of plan and plan administrator; 2. amounts credited to your account in each of the past three (3) years; 3. portion of amounts in number 2 contributed by you and portion contributed by your employer; 4. present value of your interest in such plan; 5. the extent to which your rights to each such plan has vested; 32 .. Form B continued 6. attach any brochures defining the terms and provisions of the plan(s); 7. for each acquisition or exercise date in the past three (3) years, state: (a) date: (b) number of shares: @) cost or value on acquisition (if cost to you, state cost). n. check which of the following benefits are provided for you: [ ] health insurance for you [ ] health insurance for your family members [ ] disability insurance or wages or business intenuption insurance [ ] payment for occupational or professional licenses and association dues [ ] country club dues [ ] clothing allowance [ ] use of motor vehicle (state if business-owned or leased [ ] payment of auto gas, repairs, insurance [ ] payment for travel and seminars [ ] medical reimbursement [ ] housing allowance or use of employer-owned dwelling [ ] Other (specifY). o. describe the plan, if any, provided for you by this employer for reimbursement of travel, entertainment and other business expenses; 33 FORM "C" CORPORATION INTEREST INFORMATION INTERROGATORY #16 (NOTE; Complete one (1) Form "C" for each corporation in which you now hold or have held within the past three (3) calendar years \0% of more of the outstanding and issued capital stock whether common or preferred.) a. state corporate name and location of business office (not P. O. Box): b. state the nature of the corporation's business; c. your position with the corporation; d. state the name and address of the chief financial officer of the corporation and the accountant of the corporation: e. state the total number of outstanding shares owned by you at the present and the class of stock involved: f. state what percentage of the total outstanding shares is owned by you at present: g. state the date you acquired your initial interest, the cost and the number of shares acquired (if more than one acquisition date, set forth each acquisition date after the initial acquisition and number and costs of shares acquired): h. if within the past three (3) years you have sold, gifted or otherwise disposed of all or part of your interest, state the date(s), number of shares involved, and the terms of sale or other disposition: I. state the name( s) and address( es) of the other shareholders, the officers and the Board of Directors, indicating the number of shares held by each and his or her position with the corporation (NOTE; if any of these persons are relat,ed to you please so indicate and identifY the relation); 34 Form C continued j. set forth details (including dates and amounts) of any loans by you to the corporation or any loans by the corporation to you, or any mdemptions, dividends, or return of capital within the past three (3) years; k. attach copies of the corporation income tax returns filed for the corporation for the immediately preceding three (3) years: I. attach copies of any written agreements in force betwf:en you and the corporation or between you and the other shareholders (including but not limited to employment agreements, buy-sell agreements, stock option agreements): m. list the date and amount of any capital contribution made by you to the corporation within the past three (3) years: n, state the fiscal year utilized by the corporation for tax reporting purposes: 0, attach copies of all monthly bank statements for any and all accounts involving business activities of the corporation(s). p. attach copies of all weekly, monthly and/or all periodic financial reports and/or statements prepared by the corporation( s) which reflect the income to and disbursements from the corporation(s), as well as all periodic reports of accounts receivable of the corporation. q. attach a list of all clients of the corporation, along with their annual retainer and/or project fees, if applicable. 35 FORM "D" PARTNERSHIP INTEREST INFORMATION - INTERROGATORY #17 (NOTE: Complete one (1) Form "D" for each partnership in which you now hold or have held within the past three (3) calendar years 10% or more of the outstanding and issued capital stock whether common or preferred). a, state partnership name and location of business office: (not P. O. Box); b. state the nature of the partnership's business; c. state whether it is a general or limited partnership: d, state your percentage ownership interest: e. name(s) and address(es) of all other partners: f. name and address of the accountant for the partnership: g. attach copies of the partnership federal income tax returns for the current year and the past three (3) years; h. attach copies of your "K-l " (partner's share of income and expenses) forms for each ofthe current year and past three (3) years: I. state the date you acquired your initial interest, the cost, the percentage ownership and state the date, cost and percentage for any subsequerLt acquisitions: j. if, within the past three (3) years you have sold, gifted or otherwise disposed of all or part of your interest, state the date(s), percentage ofillterest involved, and the terms of sale or other disposition: 36 ," Form D continued k. attach a copy of the current partnership agreement and any other agreements between you and the partnership or between you and the other partners (including but not limited to employment agreements, buy-sell agreements). 37 FORM E BANK. ACCOUNT INFORMATION - INTERROGATORY #21 (NOTE: complete one (1) Form "E" for each account) a. state name of bank, title of account and account number; b. type of account (checking, savings, certificate, NOW. etc.). c. date you opened such account or date you acquired your interest therein: d. date you closed the account or otherwise ceased to have any interest therein: e. name and address of any other persons who have eith,er an ownership interest or power to withdraw funds from such account: f. attach monthly statements for the past three (3) years. If a checking or NOW account, attach photocopies of all checks written during the past three (3) years; g. balances as of the following dates: 1. date of separation 2. date divorce action filed 3. date you answered these interrogatories 38 , FORM F SECURITIES INFORMATION SHEET - INTERROGATORY #23 a. identity of security of issuer b. number of shares or principal amount of bonds c. how title held and name(s) of all others in title d. date of purchase e. cost value 39 " FORM G RETIREMENT/PENSION INFORMATION - INTERROGATORY #35 (NOTE: complete one Form "G" for each pension or other retirement plan, IRA, Keough, etc. in which you now participate or have participated at any time within the past three (3) years. a. state the nature ofthe plan (IRA, Keough, defined benefit plan, etc.) b. state balance or amount to your credit on each of the following dates: 1. date of separation 2. date of filing of divorce complaint 3. date of answers to these interrogatories c. bank or plan administrator: d, account number; e. state the date and amount of each contribution made by you and/or on your behalf during the immediately preceding three (3) years: f. date on which you opened the account or date on which your participation in the plan commenced: 40 - FilE' COpy MARGRETT A K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 03-6410 CIVIL TERM ; CIVIL ACTION - LAW TIMOTHY A. KEPTNER, Defendant : IN DIVORCE DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF TO MARGRETT A K. KEPTNER C/O JOHN W, PURCELL JR ESQ 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Pursuant to Pennsylvania Rule of Civil Procedure 4009, demand is hereby made that you or your attorney produce, at the law firm of Mark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, Pennsylvania, within thirty (30) days of the date of this n:quest, the following documents, \,~ /v ~~ '. V~~ Mark A. Mat,eya, squire Attorney 1.0. No, 78931 P,O, Box 127 Boiling Springs, P A 17007 (71 7) 241 -6500 Attorney for Defendant Date: 'L/1U !UL\ DOCUMENTS REOUESTEI~ Any alld all documents relied upon in answering the Interrogatories which were filed concurrently with this Request for Production of Documents, Respectfully submitted, .1 ~ ( \:1y f\WJ.. ~ - I ~\; iif Mark A. Mateya, qUIre Attorney I.D, No, 78931 P,O, Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attomey for Defendant Date: 'Z I ?.. v / Oi{ FilE COpy Mark A. Mateya Attorney at Law Post Office Box 127 Boilmg Spnngs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 May 28, 2004 John W Purcell Jr Esqulre Purcell Krug & Hailer 17 I 9 North Front Street Harrisburg P A 17102 Re Keotner v, Keptner Dlvorce Action No, 03-6410 Dear John, Back in February 1 filed formal discovery in the above-referenced matter, I have yet to recelve any infornlation from you on these requests, Please contact me at your earliest convenience to discuss your response to these fornlal discovery requests. I may be reached at (717) 241-6500 or bye-mail at mmateva(iuvenwnmaJ!com, 1 look forward to hearing from you, Sincerely, V~G ,y~ Mark A Mateya, Esq MAM/aa cc Ttm Keptner (C,cklb+ E Mark A. Mateya Attorney at Law Post OffIce Box 127 Boiling Springs, Pa 17007 -012 7 Phone 717-241-6500 Fax 717-241-3099 FILE CO"''' July 12, 2004 John W Purcell .Ir Esquire Purcell Krug & Haller 1719 North Front Street Harnsburg P A 17102 Re: Keotner v. Keotner Divorce Action No, 03-6410 Dear John, This letter is to confirm our phone conversation of July 12, 2004 regarding the above referenced case, I appreciate how busy schedules get, and that the discovery in the case at hand is rather complex It is my understanding that you will be sending me the most complete response possible at this time within the next week, It is also my understanding that your client's accountant and business associates have not yet provided you with complete answers to your queries and that you may not, therefore, be answer every question or alternately be able to fully document every answer. I will review the answers and let you know what, if anything, I would like to see to round out the answers provided, As I stated, it is not my intention to make this a difficult set of questions to answer, I am simply trying to ascertain the value of the marital estate, I look forward to working with you and assisting our clients to a reasonable resolution of their issues Please let me know if you have any questions, I may be reached at 717-241-6500 or by email at Illmateva(!iverilOnmail.col11, 1 look forward to hearing from you. Sincerely, IJ I) 1JuM. Mark A, Mateya, Esq, MAMiaa cc: Tim Keptner c LAW OFFICES 9~ ~ &: Jt.~ HOWARD B. KRUG LEON P. HALLER JOHN W PURCELL JR JILL M. WINEKA BRIAN J TYLER NICHOLE M. STALEY O.GORMAN 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102.2392 TELEPHONE (717) 234-4178 FAX (717) 233-1149 r4ERSr4EY 17171533-3836 .JOSEPr4 NISSLEY (1910-19821 .JOHN W PURCELL VALERIE A. GUNN OF' COUNSEl. July 19, 2004 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007-0127 Re: Keptner v. Keptner Dear Mark: Pursuant to our conversations, I am enclosing a Response to your Interrogatories and your Request for Production of Documents. The Answers are to the best of my client's ability at the present tirne, There are documents I have requested from others that I have not obtained (tax returns, etc.) that I would be happy to share with you once I have obtained them, if I obtain them. If there is anything in the Interrogatories you feel you ne,ed clarification or expansion upon, please let me know, I expect to be preparing a set Interrogatories for your client also and will have thern to you in the near future. I await your reply. truly yours, -.;> JWP,JR:cm Enclosures c: Margretta Keptner ]) , . MARGRETTA K. KEPTNER, Plaintiff vs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 03-6410 CIVIL TERM TIMOTHY A, KEPTNER, Defendant : CIVIL ACTION-LAW : IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF PURSUANT TO PA. RULES OF CIVIL PROCEDURE 4009 See Plaintiff's Response to Defendant's Interrogatories - First Set filed concurrently with this Response to Defendant's Request for Production of Documents, BY PURCELL, KRUG & HALLER -~ ~ John W, Purcell,. . 1.0,#29955 1719 North F rant Street Harrisburg, PA 17102 (7 H) 234-4178 Dated 7- ( '''{ , C' '/ VERIFICATION I verify that the statements made in the foregoing Plaintiff's Response to Defendant's Request are true and correct. for Production of Documents Addressed to Pla1ntltt I understand that false statements herein are made subject to the penalties of 18 PA C.S, S 4904 relating to unsworn falsification to authorities. Dated: July 19, 2004 Dr .y , /U./L_ Ma MARGRETTA K, KEPTNER, Plaintiff VS, TIMOTHY A. KEPTNER, Defendant : IN THE COUHT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 03-6410 CIVIL TERM : CIVIL ACTIOl\I-LAW : IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES FIRST SET Dated July 19, 2004 PURCELL, KRUG & HALLER ~ BY C 1. Margretta Anne Keptner, One Foxfield Drive, Mechmlicsburg, PA 17050, 2, Since May of 1996, 3. October 27, 1945 4. Sullins College, Bristol, Virginia 1963-1964 Franklin School of Science and Arts 1964 and 1965, degree Roentgenology x-ray technician 5. Yes, he moved out December 11, 2003 6. a, St. Marks Lutheran Church, Harrisburg, PA, June 4,1966 b. Frederick Carlton Chance c. Paul Carlton Chance, Megan Elizabeth Chance, Ryan Frederick Krum Chance d. May 27, 1984, Dauphin County e, It is on public record 7. See attached 8. Hornemaker 9. N/A 10, Given the advances in medical technology and the number of years I have been away from it, (38) none, without extensive further education. 11. None 12. None, other than $4,000.00 a year as a Director of Inc1inator Cornpany of America, Inc. 13. None 14. Dividends, Directors fees and Partnerships 15. Plaintiff believes Defendant already has copies of all the tax returns requested. If not, Plaintiff will obtain copies frorn the accountant and provide copies of the same to Defendant upon reasonable request. 16, None. 17, To be provided. 18. a. 1. 2000 Honda S2000 2, 2003 Ford Excursion 3. 2001 Ford Mustang (Tim, Jr.) 4. 2000 Kia Sportage (Abbey) b. 1. Summer of 2000 2. 2003 3. 2000 4. 2004 c, 1. $30,000.00 2, $18,000.00 with trade in 3. $13,000.00 4. $5,000.00 with trade in d. 1. $10,000.00 2. $25,000.00 3, $5,000,00 4, $2,000.00 respectively e, Margretta Keptner f. No co-owners g. No liens 19. a. Both Parties are very well familiar with the personal property household goods, jewelry and other items owned by each other. Much of the personal property has already been distributed to both parties satisfaction, If there is a continuing dispute as to the existence and valuations of any personal property, and upon request, Plaintiff will supplement this Interrogatory. 20, N/A 21. To be provided 22. a. Richard Miller, CPA, 909 North Second Street, Harrisburg, Pennsylvania 17102 b. Tirn Engle, Legg Mason 23, To be provided 24. a. Tim Engle b. Legg Mason c. I do not have statements for the past three years. You may acquire them directly from Legg Mason with my pennission. 25. None 26. a, Personal loan to Jim and Kate Foely b. 12 Gunpowder, Mechanicsburg, PA c. When he gets a job. d. $9,000,00 to pay taxes e. None' f. $9,000,00 g. None 27,No 28. My health insurance is through Defendant's employ,er. I have no other insurance. 29, a. 1, Paul R. Krum Testamentary Remainder Trust 2. Paul R. Krurn Generation Skipping Trust b, 1. Margretta Keptner and John W. Purcell 2. Margretta Keptner and John W, Purcell c. September 3, 2003 d. Paul Krum, Father e. Unknown f. From the Paul R. Krum Estate Paul Krum g. Approximately $1,900,000,00 2,500 shares of Inclinator Stock having an unknown market value i. My five children j. Will on public record 30. None 31. No 32. No 33. No 34. None 35, None 36. a. PNC-Visa Gold-debit checking card Discover Card Kohls AT&T Bank of America b. To be provided c, Plaintiff d, Various dates e, Plaintiff will provide current statements. All past statements have been destroyed, 37. None 38. None 39, None 40. One Foxfield Court, Mechanicsburg, Pennsylvania 17050 41, None FORM A REAL ESTATE INFORMATION - INTERROGATORY #7 (NOTE: complete one (1) form "An for each Real Estate interest) a. Address of Property 1, Foxfield Court, Mechanicsburg, P A 17050 b, Type of Property: (ex: condo, single family residence, unimproved lot, commercial, etc.) 1. Single family residence c. Nature of your interest: 1. Joint with Defendant d. Date of Acquisition 1. 1996 e, Method of Acquisition (purchase, inherited, gift): 1. Purchase f. Name(s) in which title recorded; 1. Joint g. Purchase price or value at acquisition: 1. $382,000.00 h, Current fair market value: 1. $400,000,00 i. Name and address of any co-owners and extent and nature of their interest: i. j. As to any Mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance: 2. Identity of any co-owners and extent and nature of their interest: 3. Amount of original mortgage or encumbrance: 4. Amount of present outstanding mortgage: 5. Original term of mortgage: 6, Remaining term of mortgage: k, Attach any appraisal of the property that has been made within the past three (3) years, state: 1. Date of sale or transfer: 2. Identity of transferee(s): 3. Consideration paid for transfer: 4. Terms of sale or transfer: 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due: 6. The disposition of the proceeds, FORM A REAL ESTATE INFORMATION - INTERROGATORY #7 (NOTE: complete one (1) form "A" for each Real Estate Jmterest) a, Address of Property 2. 714 Timberline Drive, Lake Harmony, PA b. Type of Property: (ex; condo, single family residence, unimproved lot, commercial, etc.) 2. Pocono House c. Nature of your interest: 2, Solely owned - gift frorn father d, Date of Acquisition 2, 1990-1991 e. Method of Acquisition (purchase, inherited, gift): 2. Gift f. Name(s) in which title recorded: 2, Single g. Purchase price or value at acquisition: 2, 0 h. Current fair market value: 2. $107,000,00 i. Name and address of any co-owners and extent and nature of their interest: 2. j. As to any Mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance; 2, Identity of any co-owners and extent and nature of their interest: 3. Amount of original mortgage or encumbrance: 4. Amount of present outstanding mortgage: 5. Original term of mortgage: 6. Remaining term of mortgage: k. Attach any appraisal of the property that has been made within the past three (3) years, state: 1. Date of sale or transfer: 2. Identity of transferee(s): 3. Consideration paid for transfer: 4. Terms of sale or transfer: 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due: 6, The disposition of the proceeds. FORM A REAL ESTATE INFORMATION - INTERROGATORY #7 (NOTE: cornplete one (1) form "A" for each Real Estate interest) a, Address of Property 3. 132 North Lake Drive, Lake Harmony, PA b, Type of Property: (ex: condo, single family residence, unimproved lot, commercial, etc.) 3, Pocono Half House c. Nature of your interest; 3. Joint with Defendant d, Date of Acquisition 3, 1998 e, Method of Acquisition (purchase, inherited, gift); 3. Purchase f. Narne(s) in which title recorded: 3. Joint g. Purchase price or value at acquisition: 3. $140,000.00 h. Current fair market value: 3. $140,000.00 i. Name and address of any co-owners and extent and nature of their interest: 3, j, As to any Mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance: 2, Identity of any co-owners and extent and nature of their interest: 3. Amount of original mortgage or encumbrance: 4. Amount of present outstanding mortgage: 5. Original term of mortgage: 6, Remaining term of mortgage: k, Attach any appraisal of the property that has been made within the past three (3) years, state: 1. Date of sale or transfer: 2. Identity of transferee(s): 3. Consideration paid for transfer: 4, Terms of sale or transfer: 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due: 6. The disposition of the proceeds. FORM A REAL ESTATE INFORMATION - INTERROGATORY #7 (NOTE: complete one (1) form "An for each Real Estate interest) a, Address of Property 4. 3209 Dora Drive, Harrisburg, PA 17112 - Stepmother llives here, Bought by my dad after my mother's death. My dad and I had an Agreement for rny Stepmother to live there til her death. b. Type of Property: (ex: condo, single family residence, unimproved lot, commercial, etc,) 4. Condo c, Nature of your interest; 4. d. Date of Acquisition 3. 2001 e. Method of Acquisition (purchase, inherited, gift): 4, f. Name(s) in which title recorded; 4. Single g, Purchase price or value at acquisition: 4. . h, Current fair market value: 4, $125,000.00 i. Nanle and address of any co-owners and extent and nature of their interest: 4. Stepmother lives there for free j. As to any Mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance: 2. Identity of any co-owners and extent and nature of their interest: 3. Amount of original mortgage or encumbrance: 4. Amount of present outstanding mortgage: 5, Original term of mortgage: 6. Remaining term of mortgage: k. Attach any appraisal of the property that has been made within the past three (3) years, state: 1. Date of sale or transfer: 2. Identity of transferee(s): 3. Consideration paid for transfer: 4, Terms of sale or transfer: 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due: 6. The disposition of the proceeds. VERIFICATION I verify that the statements made in the foreeoing ~lail't~ft-' s Response to Defendant's Interrogatorres ~L~ e are true and Correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. 9 4904 relating to unsWorn falsification to authorities. July 19, 2004 , VCC/L/.' Dated: C) " , C J C} -'r1 ._....1 --, ':1 1"-' c .\\ _'oj MARGRETT A K. KEPTNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 03-6410 CIVIL TIMOTHY A, KEPTNER, Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this Z ":1' day of August, 2004, a brid argument on the within motion to compel is set for Thursday, September 30, 2004, at 2:30 p,m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, John W. Purcell, Jr., Esquire For the Plaintiff L. , Hess, 1. A.~ Mark A. Mateya, Esquire For the Defendant :rlm '4\~~K\^S1'Itad ~I\O') O>N'):\?S~ G'Z\\"'~ L(.~M,,~~t "t!'<i~~9~~~ ~ ~\:I~Q"'\-D ,- MARGRETTA K. KEPTNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 03-6410 CIVIL TIMOTHY A. KEPTNER, Defendant IN DIVORCE IN RE; DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this 2- -:r day of September, 2004, on request of counsel, argument herein is continued, BY THE COURT, ~ark A. Mateya, Esquire For the Defendant / .r;d A. Hess, J. ..,.1ohn W. Purcell, Jr., Esquire For the Plaintiff :rlm o q -1<8" -() f Vl1"\"1j'/\\,:..SNt<jd "~I"'n'" ",-"C'C"""'" J'\JJ ,\ i.."" -:-. 'I,,' ":C..l-\! Iv LO:11 \>Id lZ d3S ~UUl A'tNtONQ\-\lO\:id 31-11 :\0 3Cl\:HQ-{l31\:l Sent By: Mark A Matey Esq; 717 241 3099; Sep-27-04 11 : 29AM; Page 2/2 Mark A. Mateya Attomey at Law POSI Office Box 127 BoilingSprings,Pa 170U/-UI2/ Phone 11'1-241-6:'00 ,!'ax. 717-241-3099 The Honorahle Juoge HA~~ Cumberland County Courthouse Hanover & High Streets Carlisle P A 17103 September 24, 2004 Re: Keptner v. Keptner Divorce Action No, 03-6410 To the Honorable Judge Hess, There is a hearing SChedUled before this Honorable COUrt on Thunlday, September 30, 2004 at 2;30 p,m. I am writing to request a thirty (30) day continuance in this matter, OPPO!ling counsel concurs with this request. Opposil1,!t counsel and 1 are attempting to work out the remaining areas of dispute concerning unanswered discovery. Please note 11 ehange in myeontact info11lUltion, IlG my offioe is now looated in Cumberllll1d County. My 111;:'1' lllailing address is as follows; My telephone number remains Ihe same at (717) 241-6500, Mark A. Mateya, I::isquire P.O. Box 127 Boiling SPrings, P A 17007 Please contact my office if you have any questions. I IllUY be CI;:lIChl;:o.lut (717) 241-6500 oc bye-mail at m!llilteYa(a)veriT..onmail.com. Thank you foc your assistance with these matters. Sincerely, _.. W,-C ~ MAM/aa MllCk A. Mateya, Esq, www.mateyafamilylaw.com Sent By: Mark A Matey Esq; 717 241 3099; Sep-27-04 11 :29AM; Page 1/2 Law Office of Mark: A_ Mafnyo POST OFFICE BOX 127 80lllNG ~~KINGS, PA 17007 PIrone: 717/241.6500 Fax: 7T 71241.;lUYy TOTAL PAGES: Two (2) including Cover page TO: The Honorable Judge Hess FAX NUMDIlR.: 717-240-(i462 FROM: Ma.rk A. Milltlya, Esq. RE; Keptner v. Keptner. Divorce Action No. 03-6410 DATE; 9/27/04 HARD COpy TO FOLLOW: X!l! No Attached is a letter addressing the above referenced case. Please contact me if you have my questions. I may be reached at 7 J 7-241-6500 or by email atmmateya@verizonmai1.com. Mark A, MatllYa, Esq. rmnateya@jve:rizonmail,com MAM/aa Enclosure '1ll11li MIlIlliAlrl!: ~ iN"f.I!:NUKD ONLY FOR UiE USE OF ."J!: iNDIViDUAL OR ENTITY TO WHICH IT IS ADDRESliED, AND MAY CONTAIN INFORMATION THAT IS PRIVlLEr.l!:IJ, (';nN~'I/JEN'i'iAL AND EXEMPT FROM DISCL08tJlm UNDER APPLICABLE LAW. '" YOU HAVn "UClirVnDTHIS COMMUNICATION IN EaaOR,lUASE NOTIFY us rUM""IAT""Y RY TP'''''HnM>. ANnR.,/I.. "~II. n.""." MESSAGE TOUSATTHEAIlOv~AaD""~' VIA THO U,S, POsrAI. SERVICE, WE 'MU.PAY THE l'OSrAlm, nlANK YoU, iF YOU HA Ylt ANY PROBLEMIl RECEIVING 1lIIS MllSBAGE OR DO NOT 1l.l!;(;I<IVI< II.Ll, VI' HIE I'Alrl!:S, PLEASE CALL TDE ADOVll NUMllER. 15. Margretta K. Keptner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v Timothy A. Keptner : NO. 03-6410 CNIL TERM ORDER OF COURT AND NOW, November 19, 2004, by agreement of counsel, the above-captioned matter is continued from the November 10, 2004 Argument Court list. Counsel is directed to relist the case when ready. By the Court, John W. Purcell, Jr., Esquire For the Plaintiff Mark A. Mateya, Esquire For the Defendant ~ ~ ij;2'1;()'f 9-~ Court Administrator ld (') ~; djf>i "~:: ?' rn , ':,/~' '-' :~t ;\ .J> ""~ 7 =2 ,....., <::::;) <::::;) ..r::-- Z <::) < 1"\,) .:::- -0 :x ~ -l :C..,., m -'-' hi :89 06 ~:B Qo om -I ?b .-< w .. .r:- 0"\ MARGRETIA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-6410 CIVIL TERM TIMOTHY A. KEPTNER, Defendant : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) ofthe divorce Code was filed on December 11, 2003. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the de,cree,. ~Y7fb ~~dA ' gre , K. Keptn r 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. D""" 1JJf /~ cQOOS-- :--~-~ \,'\ c::' ,-- <..,.,~ c...':; MARGRETTA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 03-6410 CIVIL TERM : CIVIL ACTION - LAW TIMOTHY A. KEPTNER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 11, 2003, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. DATED: ~1 rrv So' 2 () () S , '1 ,J---I-L- / '- ............. <e-,) , (' c:) (;":' MARGRETTA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 03-6410 CIVIL TERM : CIVIL ACTION - LAW TIMOTHY A. KEPTNER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 13 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn falsification to authorities. DATE J11f0/,S 4)(1 S ~ , .--- J'~ . . -.' , c.:' -",- (~', (' MARGRETIA K. KEPTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIMOTHY A. KEPTNER, Defendant : NO. 03-6410 : CIVIL ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY; Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (x) 3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: December 17, 2003 by Acceptance of Service from Defendant's Mark A. Mateya, Esquire 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: May 16, 2005 May 5, 2005 by Defendant: 4. Related claims pending: No economic claims have been raised. 5, (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously herewith J (> .-\ ,"".) cP . . SEP ARATION AND PROPERTY SETTLEMENT AGREEMENT r"R THIS AGREEMENT, made tbis Alday of f1<'/'j , 2005, by and between Margretta K. Keptner, hereinafter referred to as "Wife", and Timothy A. Keptner, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 15, 1984; and WHEREAS, two cbildren were born of this marriage, both of which are over the age of 18; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on December 8, 2003 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement wbich will distribute their marital property in a marmer wbich is considered to be an equitable division of all joint property, and will prOvide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by bis attorney, Mark A. Mateya and Wife by her attorney, John W, Purcell, Jr. have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A, Keptner Page 2 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart frorn the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2, Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the prOvisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or dernands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreernent, except as follows: None In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt, 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in !l3501 . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A. Keptner Page 3 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of rnarriage; the fact that it is the second marriage for Husband and Wife; the age, health, station, amount and sources ofincome, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of incorne of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or diSSipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of same being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall frorn and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession_and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all iterns of tangible and intangible marital property, including but not limited to various art and other collections, jewelry, boats, jet skis, snowmobiles, trailers, sewing machines, embroidery rnachines, corporate stock and stock or securities accounts, and partnership interests. Neither party shall rnake any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A. Keptner Page 4 control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph, Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate ofinsurance or other sirnilar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Husband shall transfer to Wife concurrent with the execution of this Agreement, all of his interest in and title to their jointly owned real estate located at 1 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 and 132 North Lake Drive, Lake Harmony, Kidder Township, Carbon County, Pennsylvania in exchange for which Wife agrees to be solely responsible for the payment of all current and future taxes, insurance and utility bills relative to said real estate, Wife covenants and agrees to timely pay and discharge said obligations (so as not to adversely affect the credit of Husband) on said premises, and agrees to indemnify Husband from any loss by reason of her default in the payment thereof, and agrees to save Husband harmless from any future liability with regard thereto. . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A. Keptner Page 5 Both parties acknowledge that the property located at 714 Timberline Drive, Lake Harmony, Kidder Township, Carbon County, Pennsylvania is presently titled in the name of Wife, and shall remain Wife's sole property. Husband agrees to sign a Quit Claim Deed to the same, upon request, The parties further acknowledge that the lot next door, at 715 Timberline Drive, Lake Harmony, Kidder Township, Carbon County, Pennsylvania, shall be transferred to their children, Abbey Lynne Keptner and Timothy A. Keptner, Jr. by appropriate Special Warranty Deed executed by both of the parties, such that the property at 715 Timberline Drive, Lake Harmony, Kidder Township, Carbon County, Pennsylvania shall be equally owned by the parties' children as joint tenants with right of survivorship. Wife is presently the title owner to the property located at 3209 Dora Drive, a condominium, located in Lower Paxton Township, Dauphin County, Pennsylvania which is presently being occupied by Wife's step-mother, Charlotte P. Krum, Wife agrees to, concurrent with the execution of this Agreement, transfer all of her right, title and interest in the property located at 3209 Dora Drive, Lower Paxton Township, Harrisburg, Pennsylvania to Husband, subject to a life estate being created in favor of Wife's step-mother, Charlotte P. Krum, The life estate shall permit Charlotte P. Krum to continue to reside in the real estate for the term of natural life subject to her responsibility to pay for all of the expenses relative to the care and maintenance of the real estate, including but not limited to taxes, insurance, and maintenance. Husband shall transfer all of the right, title and ownership to the time-share in Pigeon Forge, Tennessee to Wife in exchange for which Wife agrees to be solely responsible for the payment of all current and future taxes, insurance and time-share fees relative to said time-share. Wife covenants and agrees to timely pay and discharge said obligations (so as not to adversely affect the credit of Husband) on said premises, and agrees to indemnify Husband from any loss by reason of her default in the payment thereof, and agrees to save Husband harmless from any future liability with regard thereto. 7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain possession and ownership of the vehicle presently in his possession and currently used by him. Wife hereby transfers all of her right, title and interest in said vehicle to Husband, In consideration thereof, Husband shall assume full responsibility for the timely payment (so as . . Separation and Property Settlement Agreement - Margretta K, Keptner and Timothy A. Keptner Page 6 not to adversely affect the credit of Wife) and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 2000 Ford Explorer, 2002 Ford Mustang, 2003 Ford Excursion and 2000 Honda convertible presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for the timely payment (so as not to adversely affect the credit of Husband) and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same, Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreernent providing for equitable distribution of mantal property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntanly and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action, 9. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of mantal property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A, Keptner Page 7 for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 10, Divorce. A Complaint in Divorce has been filed to No. 03-6410 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to !l3301@ of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 11, Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under !l3301@ or !l3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance, However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the tirne of final Decree, 12. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A. Keptner Page 8 ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to 93302 of the Divorce Code. 13. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor ofthe other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14, Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married, 15, Breach. In the event of breach of any of the terms of this Agreement, the non- breaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 16. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A, Keptner Page 9 covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is rnade for the specific purpose of inducing the parties to execute the Agreement. 17. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement, Furthermore, Husband shall execute any and all titles to boats, boat trailers, snow mobiles, and other titled personal property, all of which are remaining in the possession and ownership of Wife. 18. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 19, Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the prOvisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent juriSdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the proviSions of this Agreement. 20. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality . . Separation and Property Settlement Agreement - Margretta K. Keptner and Timothy A. Keptner Page 10 as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. Intent. It is the intent of the parties by this Agreernent to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the non-breaching party to reimbursement for actual counsel fees, Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Corrrrnonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 22. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 23, Descriptive Headings. The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns, 25. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void, . . Separation and Property Settlement Agreement - Margretta K, Keptner and Timothy A. Keptner Page 11 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, ~ (/ .. , ( ---<; v.:' r::' ~ "'-') (.;..i - .". MARRIAGE SETTLEMENT AGREEMENT c.M THIS AGREEMENT made this /17 day of May, 2005, by and between TARA S. ZIONKOWSKI, (hereinafter referred to as "WIFE") and PAUL E. ZIONKOWSKI, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, in Dunellen, Middlesex County, New Jersey, and separated on March 16,2002. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2002-1813 Civil Term on April 12, 2002. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3, Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b, is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during marriage. 3 7. DEBT: The HUSBAND agrees to pay his marital debt and hold WIFE harmless from any payment thereof. WIFE agrees to pay her marital debt and hold HUSBAND harmless from any payment thereof. The parties agree to equally pay the outstanding hospital bill due to Robert Wood Johnson University Hospital in the amount of Thirteen Thousand Three Hundred Fifty- One and nol100 ($13,351.00) Dollars. 8. SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will not provide spousal support to HUSBAND. Neither party will seek alimony or alimony pendente lite from the other. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; d. Any benefits through his employer; and 4 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in WIFE'S automobile. (b) WIFE agrees to waive any and all interest which she has in any automobile acquired by HUSBAND. 5 11. MARITAL DEBTS AND BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her from any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that helshe has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 6 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. ]5. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: a. In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incun'ed. b. Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. c. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. d. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payer or taxable to the payee for income tax purposes. 7 16. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS AND OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor children, Christopher Matthew Zionkowski, born August 26, ]988, and Kelly Marie Zionkowski, born October 8, ] 995, as income tax exemptions every year. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 8 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLI CABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may 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 9 , marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 'J. ~'/' \6Ind44M' );r k;:fU/^,)d.-e~ / ". .~ j )/~ l-' c.\ "~ .) _~ \. TARA S. ZI OWSKI (SEAL) ~ ~. U /1 . ':a4.<"?-1' d X;/ . -</d-e~ (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND --fA PERSONALLY APPEARED BEFORE ME, this ! J day of May, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TARA S. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,. I!NNllV~VANIA NoIarIaI Seal Martha L Noel. NoIaIy Public CaItisle Bom. Cumber1and County My CcmmIssIon Expims Sept 18. 2007 Member, Peonsylvoniiil AssociC'tion Of Notaries '{ as:f:5f:Y~J} COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND (lt~ PERSONALLY APPEARED BEFORE ME, this ;.:.r day of May, 2005. a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PAUL E. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSY~VANIA NoIariaI Seal Martha L Noel. NoIaIy Public CaItisle Bom. Cumber1and County My CcmmIssIon Expires Sept 18. 2007 Member, Pennsylvama Association Of Notaries () '- II (-, , _. ~ J :...'-) '" :~! c " r.o,) PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWKSI, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Tara S. Zionkowski, on April 15,2002, by certified, restricted delivery mail, addressed to her at 50 Brian Drive, Carlisle, Pennsylvania, ]70]3, with Return Receipt Number 7002 1530 0002 4693 5236. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Aftjdavit of Consent required by Section 330 I (c) of the Divorce Code: by plaintiff: February], 2004; by defendant: May 17,2005. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record. a copy of which is attached: (b) Date plaintiffs Waiver of Notice III Section 330](c) Divorce was filed with the Prothonotary: February I, 2004. Date: May 19. 2005 r s A. g t, III, Esquire torney for Plaintiff Date defendant's Waiver of Notice III Prothonotary: May 17,2005. ~.\ \--.... ----- - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f.'f.:f.:f.'I':+."':f. OJ;:f. 't; + '*' '+' '" <f :f.:+. :+,~+~~++:+'+:+':f.:+':+':+''''++ +++.++++'f.+ . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. ~++++++"'++ ++++++++.++. ++++ . . . . . . . . . . . . MARGRETTA K. KEPTNER No. 6410 Pl ajntiff VERSUS TIMOTHY A. KEPTNER Defendant DECREE IN DIVORCE AND NOW, -4'ntty ..l'l~ 2005 --, . . . . . . . . DECREED THAT Margretta K. Keptner Timothy A. Keptner . AND . . . . . . . ARE DIVORCED FROM TH E BON DS OF MATR I MONY. 2003 IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . The terms of the Separation and Property Settlement Agreement between the . . . . . . . . . parties dated but shall not April merge 28, 2005 is hereby incorporated in the final Decree between the as if set parties. 1Ir-'-~. y~~ ';~ ~,' .~ '" - , " ~, / , ~ . By THE COURT: ,/ '/1- J.,fz- . . . . . . . . . . . . . . . . . . " . , ' < ~ / 4."'" -:. ~~:..,':.'":.;"~:-: . :f.+:t:+ ~!::ggg>:o: :o~o:~::m:D:~~O: 0: +:+.'f +'+';1'+++ ++""++ +++++:f.+'+ forth at length . ROTHONOTARY :+;;+:+'l'+++ . . . . +:f.'t.'f.+:+.+'f+'f.'f.++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +If fr :z rt/.ev,u II ??7{/ r/ ? /"-T~;' 1h;;z7 ~ '.. f~'>:>:i ,1'/ c. .. . ~..., JV j,,,". > ,,'" , /1<-' ,J ':Pf) ,-,,0, /le:-. / MARGRETT A K. KEPTNER, Plaintiff vs. TlMOTHY A. KEPTNER, Defendant Dated: t Ltltb / / : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6410 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME to be known as: ************ COMMONWEALTH OF PENNSYLVANIA NOTICE is hereby given that the Plaintiff in the above matter having been granted a final decree in divorce from the bonds of matrimony on the 24TH day of May, 2005, hereby elects to retake and hereafter use her maiden name of Margretta A. Krum and gives this written notice avowing her intentions in accordance with the provisions of the Act of May 25, 1933, P.L. 192, as amended. COUNTY OF DAUPHIN ~fI-~ ~ On this, the , day of ~, 2005, PERSONALLY appeared before me, a Notary Public, in and for sa Commonwealth and County, Margretta K. Keptner, who, being duly sworn according to law, does depose and state that she is the person whose name is subscribed to the within document, and acknowledges that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. : SS: IiCCOMMQNWEALTHOFP N NoIarIaI Angela S. 511_, Notary PublIc CIty Of H21rrisbu1g, Dauphin CouIIIy My CommisSion Expi"", Jan. 12. 2008 Member, Pennsylvania Association Of Notaries r.J {g. it) ~ t 1i- & ..., ~ "- -u (") = "- = f'- ~ s; c.n ~:!J p.:. ......,.- <- .-c. ~:'n c -<:: f't":r; :;z: ~~; ...0 ~ g ~.(+ I (./1. ." ...J .(: r:~ -0 ~~ "2. ~_ ::;: - ~~~~ '-.t:... 0 - ~ .. z w =< ...J