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HomeMy WebLinkAbout09-5851RANDALL W. KELLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW • ?s'1 2009- CIVIL TERM TANYA M. KELLER, Defendant. IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RANDALL W. KELLER, Plaintiff, V. TANYA M. KELLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 'IONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Randall W. Keller, by and through his attorneys, Irwin, & McKnight, P.C., and files this Complaint in Divorce against the Defendant, Tanya M. Keller, representing as follows: 1. The Plaintiff is Randall W. Keller, an adult individual currently residing at 118 Wesley Drive, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is Tanya M. Keller, an adult individual currently residing at 1227 Trindle Road, Carlisle, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on June 15, 1994 in Hagerstown, Maryland. 5. A prior action for divorce at 2004-944 was dismissed due to inactivity. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. By: Respectfully submitted, IRWIN & McKNIGHT, P.C. Marcus A. ftIcKni ht, III, squire Supreme C urt I.D. o. 2547JS West Pomfret Profes ' uilding 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: August 25, 2009 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: August 25, 2009 RANDALL W. KELLER, Plaintiff, V. TANYA M. KELLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 25, 2009 mm--o +'CF OF THE PP(?-f16'INK 20Q9 AUG 25 PM 3: 20 3 7 5/? L a RANDALL W. KELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009 - 5851 CIVIL TERM TANYA M. KELLER, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Tanya M. Keller, on August 31, 2009, by certified, restricted delivery mail, addressed to her at 1227 Trindle Road, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5768 1183. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties 8 P C. Section 4904, relating to unsworn falsification to authorities. Date: September 2, 2009 MARCUS A. McKNI HT III, Attorney for Plaintiff On this, the 2nd of September 2, 2009, before me, the undersigned officer, personally appeared Marcus A. McKnight, III, Esq., known to me to be the person whose ame is subscribed to the above instrument and acknowledge that he executed same for the pyrgases ere n cont*ed,, COMMONWEALTH OF PENNSYLVANIA N tary Public Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept 18, 2011 Member, Pennsylvania Association of Notaries A & M (Domestic O nly; r? • 1 ? -0 - ? lti u1 Postage $ ?? 3 0 o UNI D O N T O CertlNed Fee m N s9 rn v 0 Retum Recbpt Fee (Endoresrtrerd Requked) } p o w , t C3 rl ReWkied De (Endorsement R q F" N M Total Postage & Fees $ o Q v I M C3 C3 TO Swit MS TANYA M...°ELLER m ..........-- ---°°- -- -vnr a ---- 1 r` y UML E ROAD 2 0 009 ¦ Cos`ibems 1.2. MW 3. Also oon1131e1e oil I item 4'W Redrk tsd Ddvsry is deWrOd. ¦ Print year narrw and address on the reverse A' MA so that we can retxn the c wd to you. by ¦ Attach this card to the back of the ntefthm, or on the front M space permib. D. is address arm" ft 1. ArWe Addressed to: If YES, enter ddtmy address MS TAM M 1JMJJR 1227 'ALB TAM CARLISLE PA 17013 ,yp. qLwMW : maW MeN C. OX) 17 E CE1 C. De r 2. Article Number ?003 3110 0004 5768 1183 i PS Form 3811, F=ebruary MIX Dar+erue flrltan 11.oe+r t 102595.0244-1 MO , ALE4/? ?ice tVi. C,,.f.¢. 'Fxp.?i?dY OF THE 2009 SEP -2 PH 'JI= 10 NT? 1 RANDALL W. KELLER, Plaintiff/Petitioner v. TANYA M. KELLER, Defendant/Respondent ~{~LIJ'-I ~ r-. 2Ctt1 _ if f; ~-~ PM 31.y~ ~ IN THE COURT O ~ 1~ION PLEAS OF :CUM !}_' ND, C4Ij_~1~1, PENNSYLVANIA r! , ti,_•{ CIVIL ACTION -LAW 2009 - 5851 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 27th day of July 2010, comes the Plaintiff/Petitioner, Randall W. Keller, by his attorneys, IRW1N & McKNIGHT, P.C., and makes the following Petition for Economic Relief against the Defendant/Respondent, Tanya M. Keller, as follows: 1. The Petitioner is Randall W. Keller who is the Plaintiff in a divorce action filed at No. 2009 - 5851 in Cumberland County, Pennsylvania. His address is 118 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Tanya M. Keller who is the Respondent in this divorce action. Her address is 1227 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. :% ~~[ ~~ i ~~ E,~.~ ~ z ~~~.~ c~~a ~~~, ~'_ it d~? (',~~ X13,3 ~ ~ y59/.~ ~- WHEREFORE, the Petitioner, Randall W. Keller, requests the relief set forth above. Respectfully submitted, IRWIN & McI~TIGHT, P.C. By: Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Petitioner, Randall W. Keller Date: July a7, 2010 2 o. 60 West Pomfret Street ~• VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ALL W. KELLER Date: July 27, 2010 3 P~. ]S~V~'~ ~ 1 ~p~l f/,urn l I t J 1~5~-?, ~~~o ~ ~ 1 mil/}' " J~ e~ PJ~zI~J Sc ~'7scl~oa t~c~l~~d s~ ~? v~ ` o,,O f f ~, `~ o~ aqi ,Cg ~~ ~ . w,~tte ~'~W 33 ~~OJ :swl8lo ;~ulnnollo3 ay; o;;oadsai q;tnn is;sew paavlodl `annbsg ~ ~ `~OZ ` Z ~ r MOI~t QAi~' 'bS~ `III/`ZH~IIS?Ia~i~ '~' ~I~ luNd OTOZ `LZ ~'Ifii' •a;8a :uopow atl; o;;uenalai •nue31 •uor;euuo3ul leuol3!Ppd 'L 3x0 .L~3'I3S sP Z T a~ o; pa~adxa sl $uusaq aq,i, •9 •;os3 io nnei3o sansst xaldwoo you azs 3xO.L~3'I3S uot~e aqZ •S •s~soo pus sasuadxa ~saa~ Tasunoo ~~C~zadozd ~o uol~nglz~slp aoaonlp :swielo ~uunollo3 ay; o; ~adsai ~~ pa;sa;uoo sl uor~e aqZ •~ :s 7~ ~] ~ ®g ®y :(s) gdea8e~ed algeollddeul ay; a;alas 'b (~)TO££ axo.ta$'[3s aoionlp io3 (s) Punotd tioan;e;s aqZ '£ •(a,mbsg ` x~~€9~!@~ (~IlBUOSiad) uol;os aq; ul pax8adde sey ;uepua3ap aqZ •Z •pa;sanbai s- is;sew 83o;uaw;ulodde aq; gotgnn io; (s) swlsio aq; o; se a;alawoo s- tianooscQ • I :sa;e;s uogow aq;3o y~oddns u- pue sasuadxg pue s;so~ ® a;Iq a;uapuad ~Cuoun~ ~ saa3 lasuno~ ® ~Cuowgd ~ ~toddnS ~ ;uawlnuud ~ ~adoid3o uoungl.~stQ ® ao~ontQ :swlelo Sulnnollo3 ate o;;oadsal q;tn~ is;sew a;ulodde o; ~noo ay; sanow ` 33IZISI~'rld ` ~Id'IZd?I Z'I~QAI~2I =~- ~-= x~ss~r~T ,ao su~,ir~uoaa~ xo~ uoiiornt ~~: _ . -.~~ - ;uepualaQ _ _ `,2I~'IZ~?I ' Td ~1~NI~Z - _ T58S-6002 'Obi •%` ~ i~i~'I~C~ASxx3d `A.LI~If1O~ Qxd'RI~HY~Ifl~ : 30 S~'q'Id IsOWWO~ 30 .L2If1OO 3H.L III ~ `2I~'I'Id?I 'M 'I'IdQAIH2I r~ ~a o ''~ .~ ~._; , . ~ --'; ~, ~,~ ~r~ ^. -d , --..~.__ ,, ~ C,:r W LJ -n ~~ i -~; rrt ,.1 _ 7 ,.. ~:.:u°w ~''~ ``=a J RLED-?*7r CE OF T IN PM 12- 0 1 ? gPENh6YUVANA RANDALL W. KELLER, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009 - 5851 CIVIL TERM TANYA M. KELLER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 25. 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. 1 understand that I may lose rights concerning alimony. division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: cl-7 20 f0 ALL W. KELLER Plaintiff OF THF 30 FM 12: 01 CUMBE'%- .4j (AUNW " IN 1 HE COURT OF COMMON PLEAS OF RANDALL W. KELLER, . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009- 5851 CIVIL TERM TANYA M. KELLER, Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a. divorce is granted. 3. I understand that I will not be divorced until a 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 Prothonotarv. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: A1/0 RANDALL W. KELLER Plaintiff FILED-OFFICE .?r THE PROTH01-10 ;rp' 2011 JUN 10 PH 3: 11 UMSERL, i:illl `' IC PENNSYLVANIA RANDALL W. KELLER, Plaintiff, V. TANYA M. KELLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-5851 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: TANYA M. KELLER Defendant -OFFICE= ?;,. -r?EfILI~PROT ONO T? i. I1 JUN 10 Pty 3: 11 ,UMBERLA D Ct Ujt s '4, RANDALL W. KELLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009-5851 CIVIL TERM TANYA M. KELLER, Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 25, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: RANDALL W. KELLER Plaintiff JT rHE PR JJn ????_ 2011 JUAN 10 P11 3: 10 NI RANDALL W. KELLER, Plaintiff, V. TANYA M. KELLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-5851 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: C" 16 - o on 1 Z"` RANDALL W. KELLER Plaintiff FILED-OFFICE 0 TA THE PROTHON 20 11 J1JN 10 PH -: 1 g CU iBERLAN0 0 t,1NJ 2EIAISVI '/A ill RANDALL W. KELLER, AN'THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA M. KELLER, Defendant. CIVIL ACTION - LAW 2009-5851 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 25, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: TANYA M. KELLER Defendant ILrED- 0c= C LE .' THE RRO7, ECf'x .. . '011 JUN 10 PM 3. 11 CUMBERLAND 0UU?4 PENNSYLVANIA RANDALL W. KELLER, Plaintiff, V. TANYA M. KELLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-5851 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: bi lo) r??a kt TANYA NOZELLER Defendant y RANDALL W. KELLER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAp -n e-? vs. NO. 09 - 5851 CIVIL. c?+ rn -.0 TANYA M. KELLER, ?cl Defendant IN DIVORCE .43?" „?? r..z °? ? "Z° ? ORDER OF COURT G © c::) AND NOW, this ,'Zo' day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 10, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevin/A. Hess, P.J. cc: Marcus A. McKnight, III / r Attorney for Plaintiff OPO Michael 0. Palermo, Jr. a[?l? Attorney for Defendant Divorce - in bile MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this __Z6 day of June 2011 by and between RANDALL Cli r1l) I" -, C- W. KELLER, (hereinafter referred to as "HUSBAND") and TANYA M. ,LIXR, _; r- (hereinafter referred to as '"WIFE"). r c cn; WITNESSETH:= f,... CrJ . ? c-Ya WHEREAS, HUSBAND and WIFE were lawfully married on June 1.% 1994, In Hagerstown, Maryland. 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 carry on 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 nor 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. 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. 2 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. 7. REAL ESTATE: The parties own real estate located at 1227 Trindle Road, Carlisle, Cumberland County, Pennsylvania. The parties will sell their interests in the real estate "as is" to Mr. and Mrs. Michael Gardner on Friday, June 10, 2011. From the settlement proceeds WIFE is to receive the sum of Thirty Thousand and no/100 ($30,000.00) Dollars as follows: a. Upon signing the Marriage Settlement Agreement, HUSBAND will pay the sum of Ten Thousand and no/100 ($10,000.00) Dollars to WIFE through her legal counsel, Joanne Harrison Clough, Esquire; and b. Upon signing the Deed and vacating the property HUSBAND will pay to WIFE the remaining Twenty Thousand and no/100 ($20,000.00) Dollars. c. The $20,000.00 payment due WIFE upon vacating the property shall be tendered at settlement and held in escrow by HUSBAND's attorney until such time as WIFE vacates the premises. d. The $30,000.00 received by WIFE is a lump sum settlement of her interest in the marital estate and is not an income producing or taxable event. 3 8. SPOUSAL SUPPORT: HUSBAND will not provide spousal support, alimony pendente lite, or alimony to WIFE before or following the divorce. WIFE will not provide spousal support, alimony pendente lite, or alimony to HUSBAND before or following the divorce. 9. CHILD SUPPORT: WIFE agrees to pay to HUSBAND child support as set by the Cumberland County Domestic Relations Office. 10. 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. His motor vehicle ; and e. All his employee benefits. WIFE shall receive the following items: a. The personal property in her possession; b. Her bank accounts; c. Any life insurance policy; d. Any employee benefits; and e. Her motor vehicle 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 4 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. 11. AUTOMOBILES: a. WIFE agrees to waive any and all interest which she may have in HUSBAND'S motor vehicle. b. HUSBAND agrees to waive any and all interest which he may have in WIFE'S motor vehicle. 12. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation as well as their individual credit cards. 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 he/she 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 by others. 5 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in HUSBAND'S business savings account 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. 15. 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. 16. INCOME TAX EXEMPTIONS: The parties agree that HUSBAND will take ALLISON H. KELLER as his income tax exemption on his Federal income tax returns filed each year. If primary custody of the child changes, the income tax exemption for said child will be assigned to the parent of said child with primary physical custody. 6 17. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. 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 required to give full force and effect to the provisions of this Agreement. 19. 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. 20. 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. 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 7 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party agrees to pay one-half (1/2) the costs of attorney fees in obtaining equitable distribution of the marital property and a final Decree in Divorce. 24. 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 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 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. '-- (SEAL) RANDALL W. KELLER SEAL) TANYA AM..'Kt E LER s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this j day of June 2011, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RANDALL W. KELLER, 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 PENNSYLVANIA ' Notarial Seal Martha L. Noel, Notary Public Carlisis Roro, Cumberland County My Commission Expires SepL 18, 2011 MsmhPr. Pennsvivanin Association of Notaries COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ?- day of June 2011, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TANYA M. KELLER, 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. NIA °Q¢410ONW_ EALTH OF PENNSYLV=Exu201', I ed oPublic Carlisid CountyMy Comt. 18, 2011 Member, Peyana Association of Notaries RANDALL W. KELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLaYANIA Cz V. CIVIL ACTION - LAW ?rr7 s? ?Cz -r iz! 2009 - 5851 CIVIL TERM? N) TANYA M. KELLER, Defendant IN DIVORCE' PRAECIPE TO TRANSMIT RECORD r To the Prothonotary: `f 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) and or (d) 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, Tanya M. Keller, on August 31, 2009, by certified, restricted delivery mail, addressed to her at 1227 Trindle Road, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7003 3110 0004 5768 1183. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 10, 2011; by defendant: June 10, 2011. (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 in Section 3301(c) Divorce was filed with the Prothonotary: June 10, 2011. Date defendant's Waiver of Notice in Sec ,on 3301(c) Divorce was filed with the Prothonotary: June 10, 2011. A /1 ? - --- A. McKnight, 111, Esquire i for Plaintiff Date: June 23, 2011 RANDALL W. KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA M. KELLER NO. 2009 - 5851 DIVORCE DECREE AND NOW, T ?? ( Z o l , it is ordered and decreed that RANDALL W. KELLER , plaintiff, and TANYA M. KELLER 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 Marriage Settlement Agreement dated June 10, 2011, and signed by the parties is hereby incorporated into this Divorce Decree but not merged. By the Court, ?- rra? l?d ?o ?a? lid ? Flo