HomeMy WebLinkAbout08-4391SUSAN M. KESNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. or, y
CHARLES H. KESNER,
Defendant IN DIVORCE
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 800-990-9108
SAIDIS, FLOWER & LINDSAY
SAMIS,
FLOIWERR &.
LINDSAY
26 West High Street
Carlisle, PA
Attorney Id. 44693
26 West Hig 1
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
SUSAN M. KESNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. y 3 9 I G yv' ? 4e
m
CHARLES H. KESNER, ;
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) or (d) OF THE DIVORCE CODE
1. The Plaintiff is Susan M. Kesner, an adult individual, residing at 52 North
Orange Street, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Charles H. Kesner, an adult individual, residing at 39 West
Oakwood Drive, Carlisle, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on May 14, 1983 in Carlisle,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
6. The Plaintiff has been advised that counseling is available and that she has
CIS &
LINDSAY
26 West High Street
Carlisle, PA
the right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance
with §3301 of the Pennsylvania Divorce Code.
Carol J- Ci ,a ,
Attorney Id. 93
26 West Hig S
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
IS,
FLOWER WERR &
?
LINDSAY
26 West High Street
Carlisle, PA
SAIDIS, FLOWER & LINDSAY
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unswom falsifications to authorities.
U r?
Susan M. Kesner
Date: „ t • AI-03
FLOWER SAID,
LINDSAY
26 West High Street
Carlisle, PA
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SUSAN M. KESNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 08-4391
CHARLES H. KESNER,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, Michael A. Scherer, Esquire, accept service of the Complaint in the above-
SAIDIS,
FWNWR &
LINDSAY
AT[5RN6W,U uw
26 West High Street
Carlisle, PA
captioned matter and certified that I am authorized to do so.
8-y- 06
Date
IVJI. 4A--.,,
Mich . Sc erer, Esquire
19 West South Street
Carlisle, PA 17013
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SUSAN M. KESNER,
Plaintiff
v
CHARLES H. KESNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 00 it - 3 91
IN DIVORCE
COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b): v oaf,_
(a) K I do not depow the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (check (i), (ii) or both)
(i) The parties to this action have not lived separate and apart for a
period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) X_ I do not wish to make any claims for economic relief. 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.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
SAIDIS,
FLOWER &
LEVDSM
.15•A •IAN'
26 West High Street
Carlisle, PA
claims with the Prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further notice to me, and I shall be unable thereafter to file
any economic claims.
I verify that the statements made in this counter-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: 8'Z,?• C 4u,_ 1
Charles H. Kesner
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you should not file this counter-affidavit.
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this day of 2008, between
SUSAN M. KESNER, of 52 North Orange Street, Carlisle, Cumberland County, Pennsylvania,
hereinafter referred to as Wife, and CHARLES H. KESNER, of 39 West Oakwood Drive, Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as Husband.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on May
14, 1983 in Carlisle, Pennsylvania; and
R.2: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited, of all matters between them relating to
the ownership of real and personal property, claims for spousal support, alimony, alimony
pendente Fite, counsel fees and costs, and the settling of any and all claims and possible claims
against the other or against their respective estates.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this agreement.
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(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken
and that they will secure no-fault divorce decree in the above-captioned divorce action. Wife will
file a Complaint in Divorce and, along with the filing, a Section 3301(d) Affidavit. Husband's
counsel will accept service of the Complaint in Divorce and file immediately a Section 3301(d)
Counteraffidavit acknowledging that the parties have been separated for at least two years and
that there are no outstanding economic issues. Wife will then transmit the record so that the
Decree in Divorce can be entered.
(3) REAL PROPERTY: The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 39 West Oakwood Drive, Carlisle,
Pennsylvania. Husband has resided in the marital home from the date of the parties' separation
up to approximately July 1, 2008. Wife will buy out Husband's interest in the marital home within
45 days of the date of this Agreement by paying to Husband $70,000.00 and refinancing the
marital home so that Husband is no longer liable thereon.
Pending the sale, the parties will be equally responsible for the mortgage payment, taxes,
insurance and utilities provided that neither party is residing in the marital home. If Husband
remains residing in the marital home until its refinanced by Wife, then he will be solely responsible
for the payment of the mortgage, taxes, insurance and utilities. If Wife moves into the marital
home after Husband vacates it, but before refinance, then she will be solely responsible for the
payment of the mortgage, taxes, insurance and utilities. In the event that Wife advances to
Husband, between July 1, 2008 and the date of her refinance of the marital home, any share of
his responsibilities pursuant to this paragraph, then he will reimburse her from the $70,000.00
payment she will be making to him at the time of refinance.
(4) DEBT:
A. Marital Debt: Husband and Wife acknowledge and agree that there is no
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outstanding debt or obligation which is marital or for which the other might be liable incurred prior
to the signing of this Agreement, except for the mortgage on the marital home and for the lien on
Husband's 2004 Chrysler Pacifica.
Husband shall pay the obligations for the mortgage and the Pacifica as set out in greater
detail in this Agreement by making timely monthly payments in at least the minimum amount
required until paid in full.
Husband shall pay the outstanding joint debts as set forth herein and further agrees to
indemnify and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on October 20, 2005, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this agreement neither party shall contract or incur
any debt or liability for which the other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by the other party.
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Within ten (10)
of the date of this agreement each party shall execute any documents necessary to have said
vehicles properly registered in the other party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of any encumbrance on the motor
vehicle received by said party, and shall hold harmless and indemnify the other party from any
loss thereon. Specifically, Wife will retain the 1996 Toyota Camry and Husband will retain the
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2004 Chrysler Pacifica.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them, and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession whether said property was heretofore owned jointly or individually by the parties
hereto. 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.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any
right, title or interest he or she may have in or to any intangible personal property currently titled in
the name of or in the possession of the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like.
Specifically, Husband will retain the contents of the joint Sovereign Bank account, account
number -9378; the joint M&T savings account, account number -3551; and the joint M&T savings
account, account number -8794. Husband will also retain his NPC IRA, account numbers 9737
and 5365. Wife will retain her PPG Employment Savings Plan, her PPG pension and her IRA.
Husband will retain his PPG pension.
The parties will equally divide the contents of their NPC investment account. In the event
that the liquidation of that account results in capital gains, the parties will each report one-half of
the capital gains on their 2008 Federal income tax return.
(8) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
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pendente lite.
(9) INSURANCE: The parties will each retain any life insurance policies which they
may own and any long term care policy which they may own.
(10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel. Wife is represented by Carol J.
Lindsay, Esquire. Husband is represented by Michael A. Scherer, Esquire. Each party
acknowledges and accepts that this agreement is, under the circumstances, fair and equitable,
and that it is being entered into freely and voluntarily after having received such advice and with
such knowledge as each has sought from counsel, and the execution of this agreement is not the
result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements. Each party shall pay his or her own attorney for all legal services
rendered or to be rendered on his or her behalf.
(11) 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.
(12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax
returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is
proposed, or assessment of any such tax is made against either of them, each will indemnify and
hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent
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of his or her separate income on the aforesaid joint returns.
(13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past, present and future claims on account of support,
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maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any
other country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in
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connection with the marital relationship or the joint ownership of property, whether real, personal
or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
(17) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
(18) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this. Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(19) BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court cost and counsel fees of the other party. In the event of breach, the other
party shall have the right, at his or her election; to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
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(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
Susan M. Kesner
Charles H. Kesner
WITNESS:
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SUSAN M. KESNER,
Plaintiff
V.
CHARLES H. KESNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4391
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transmit the record, together with the following information, to the Court for
entry of a Decree in Divorce:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(d)(1) of the
Divorce Code.
2. Date and manner of service of the Complaint: Defendant's counsel accepted
service of the Complaint on August 5, 2008. Proof of service was filed with the Court on
September 17, 2008.
3. Date of the execution of the Affidavit required by Section 3301(d) of the
Divorce Code: July 18, 2008; Date of filing and service of the Plaintiffs Affidavit upon the
Respondent: July 21, 2008 served; filing October 21, 2008.
4. Related claims pending: The terms of the Property Settlement and Separation
Agreement dated July 18, 2008 are incorporated, but not merged, into the Decree in Divorce.
5. Date Notice of Intention to Transmit was filed with the Prothonotary: October
24, 2008; Date Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code was filed
with the Prothonotary: September 17, 2008.
SAIDIS, FLOWER 8t LINVSA,Y
FLOWER &
LINDSAY
ATMIREVS•AT uw
26 West High Street
Carlisle, PA
Carol J. Linds , Es uire
Supreme Co ID o. 44693
26 West Hig et
Carlisle, PA 17013
717-243-6222
Attorney for Plaintiff
C
- *TS
SUSAN M. KESNER
V.
CHARLES H. KESNER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-4391
DIVORCE DECREE
AND NOW, zut,.- Z*' , 7--068 , it is ordered and decreed that
SUSAN M. KESNER
CHARLES H. KESNER
plaintiff, and
, defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (if no
claims remain indicate "None.")
The terms of the attached Marital Settlement Agreement, dated July 18, 2008,
are incorporated butiinbt merged into this Decree in Divorce.
By the Court,
J.
(7A
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