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HomeMy WebLinkAbout04-2435JEFFREY S. KECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2004- o?q35-~ CIVIL TERM DEEDRA K. KECK, : Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 170 l 3 (717) 249-3166 JEFFREY S. KECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 2004-o~q3ff CIVIL DEEDRA K. KECK, : Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (DJ OF THE DIVORCE CODE AND NOW comes Jeffrey S. Keck, plaintiff herein, by and through his attorney, Jacqueline M. Vemey, Esquire, and represents the following: 1. Plaintiff is Jeffrey S. Keck, an aduk individual, currently residing at 45 Bobcat Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Deedra K. Keck, an adult individual, currently residing at 141 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 29, 1990 in Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiffprays Your Honorable Court enter a decree in divorce. Respectfully submitted, aJacql~line M. Ver~ey, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing divorce complaint 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 unswom falsification to authorities. ]Date Jeff;~'~ K~¢k, Plaintiff JEFFREY S. KECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTIO~N - LAW : NO. 2004-2435 CIVIL TERM DEEDRA IL KECK, : Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant ~t/~horized~ent ~ - Address -' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. KECK, Plaintiff CIVIL ACTION - LAW v. No. 2004 - 2435 (Civil Term) DEEDRA K. KECK, Defendant ,(In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made thisO~ day of '-~-)~'{ , 2004, BY and BETWEEN Deedra K. Keck of 141 Fern Avenue, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Jeffrey S. Keck of 45 Bobcat Road, 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 September 29, 1990, in Carlisle, Cumberland County, Pennsylvania; and R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since April 11, 2004; and SAIDIS SHUFF, FLOWER & LINDSAY R.3: The parties have resolved that it is not possible to continue the marital 26 W. High Street relationship between them for reasons known to them, in consequence of which they are Carlisle, PA living separate and apart; and DKK'~[~N, Page l of 14 JSK~ R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the otlher, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible clai~ns against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights, and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims :['or spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire of Saidis, Shuff, Flower and Lindsay, and that Husband has been independently represented by Jacqueline M. SAIDIS Vemey, Esquire of the Law Office of Jacqueline M~ Vemey; and SHUFF, FLOWER & LINDSAY ArrOR~S.^T.~W R.8: Both Husband and Wife have each covenant that they have made full and 26 W. High Street Carlisle, PA complete disclosure to the other of his and her respective property holdings and income; and DKK 9~(.~L Page 2 of 14 JSK~ R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and 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, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree 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. Neither party shall disparage or SAIDIS discredit the other in any way, nor in any way injure his or her reputation; nor shall either of SHIJFF, FLOWER & LINDSAY A~I'ORNEYS'AT'LAW them act or permit anyone else to act in any way which might tend to create any disaffection 26 W. High Street Carlisle. ~A or disloyalty or disrespect between the members of the family of either party. 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 (,ut the terms of this Agreement)/~ DKK ~C~ Page 3 of 14 JSK (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Simultaneous with the execution of this Agreement, the parties agree to execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divome. The parties further agree that these documents will be filed with the Court upon the expiration of the mandatory ninety (90) day waiting period, August 30, 2004. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: It is understood and agreed that Wife owns certain real property located at 141 Fern Avenue, Carlisle, Cumberland County, Pennsylvania. Contemporaneously with the execution of this Agreement, Husband agrees that as part of this property settlement, he will convey any and all of his right, title and interest in and to said property to the Wife, free of all encumbrances except the outstanding first mortgage, which the Wife agrees to assume and pay in due course, and that Husband will execute and deliver a Special Warranty Deed to Wife conveying any interest Husband may have in and to said property to Wife. In exchange for Husband relinquishing any right, title or interest he may have in and to said property, Wife agrees to pay to Husband, contemporaneously SAIDIS with the signing of this Agreement and the Deed, Two Thousand ($2,000.00) Dollars. SHUFF, FLOWER & LINDSAY ^rro~Ys.A*.~w Wife individually holds a first mortgage with Ameriquest. The balance owed on 26 W. High Street Carlisle, PA this first mortgage at or around the date of separation was Sixty-Seven Thousand Five Hundred Sixty-Four ($67,564.00) Dollars. Wifi: specifically agrees to hold Husband all payments associated with the marital home from the~e/of/ harmless with regard to DKKr-~ Page4 of14 JSK//~/t-- separation, forward, including, but not limited to the mortgage payments, taxes, homeowner's insurance and repairs. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable, incurred prior to the signing of this Agreement. i. The parties agree to file a joint bankruptcy petition within sixty (60) days of the execution of this Agreement. The parties further agree to share equally any and all costs, fees and payments associated with the filing and discharge of the parties' joint bankruptcy; and ii. Each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, April 11, 2004, to the same extent that he or she has been paying then in tlrte past and neither party shall incur any unusual bill which will bind the other party. Husband hereby agrees to return to Wife any and all joint credit cards or charge plates that he may have in his possession. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other pm~y from any obligation or institutions of suit thereunder; and iii. Each party agrees to pay and all outstanding bills/debts, which are not discharged as a result of the joint bankruptcy, which were incurred on or before the date of separation of the parties, April 11, 2004, to the same extent that he or she has been paying them in the past. SAIDIS SHUFF, FLOWER & LINDSAY B: POST SEPARATION DEll,T: In the event that either party ^rro~u~s.n*.t~w contracted or incurred any debt since the date of separation on April 26 w. High Street 11, 2004, the party who incurred said debt shall be responsible for Carlisle. PA the payment thereof regardless of the name in which the debt may have been incurred. DKK ~ Page 5 of 14 JSK~ 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: The parties acknowledge that Wife, individually, holds title to a 1993 Jeep Cherokee Laredo. Husband hereby relinquishes any right, title or interest he may have in and to the 1993 Jeep Cherokee Laredo. Wife shall acquire separate insurance on and assume full responsibility for any encumbrance on the 1993 Jeep Cherokee Laredo, and shall hold harmless; and indemnify Husband from any loss thereon. The parties further acknowledge that Husband, individually, holds title to a 1986 Dodge Ram Pick-Up Truck. Wife hereby relinquishes any right, title or interest she may have in and to the 1986 Dodge Ram Pick-Up Truck. Husband shall maintain separate insurance on and assume full responsibility for any encumbrance on the 1986 Dodge Ram Pick-Up Truck, and shall hold Wife harmless from any loss thereon. The parties further acknowledge that they jointly hold title to two (2) vehicles. Husband relinquishes any right, title and interest he may have in and to the 1992 Chevrolet Beretta currently in possession of Wife. Within thirty (30) days of the date of this agreement Husband shall execute any documents necessary to have said vehicle properly SAIDIS SHUFF, FLOWER & LINDSAY registered in Wife's name with the Pennsylvania Department of Transportation. Wife shall 26w. High Street maintain insurance and assume full responsibility for any encumbrance on the 1992 Carlisle, PA Chevrolet Beretta received by Wife as a result of this transfer, and shall hold harmless and indemnify Husband from any loss thereon. DKK Page 6 of 14 JS The parties also jointly held title to a 1998 Dodge Ram Pick-Up Truck, which, since the date of separation, has since been repossessed by the bank due to nonpayment on the loan. Husband and Wife agree to submit any deficiency as a result of the repossession, to the Bankruptcy Court for discharge. (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 the parties hereto. The parties acknowledge that Husband, individually, holds title to a fishing boat and trailer. Husband hereby relinquishes any right, title: and interest he may have in and to the fishing boat and trailer, currently in the possession of Wife. Within thirty (30) days of the date of this Agreement, Husband shall execute any and all documents necessary to have said trailer properly registered solely in Wife's name with the Pennsylvania Department of Transportation and, if need be, Husband further a~g'ees to execute any and all documents SAIDIS necessary to have the boat properly registered solely in Wife's name with the Pennsylvania SHUFF, FLOWER & LINDSAY AVrO~U~S.AT.t~W Fish Commission. Wife shall hold Husband harndess and indemnify Husband from any 26 W. High Street Carlisle, PA 10SS on the boat or trailer. DK~ ~. Page 7 of 14 JS~/~ (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto 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, employ, anent benefits, including retirement accounts, savings plans, pension plans, stock plans, 401K plans, and the like. Husband acknowledges that the marital property of the parties' includes any marital portion of Wife's retirement plan stemming from her employment with Land O' Lakes, Inc. (hereinafter referred to as "Land O' Lakes Retirement Account"). This asset is solely in Wife's name. The approximate value of Wife's Land O' Lakes Retirement Account as of March 31, 2004 was approximately Nine Thousand Nine Hundred ($9,900.00) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's Land O' Lakes Retirement Account and any marital interest he may have therein. Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's aforesaid Land O' Lakes Retirement Account. In exchange for Husband relinquishing any right, title or interest he may have in and to Wife's Land O' Lakes Retirement Account, Wife agrees to pay to Husband, contemporaneously with the signing of this Agreement, Three Thousand SAIDIS SHIJFF, FLOWER ($3,000.00) Dollars. & LINDSAY Arro~t~Ys.^T.t~w Wife acknowledges that the marital property of the parties' includes any marital 26 W. High Street Carlisle, PA portion of Husband's business, North End Shoe Repair. Husband inherited this asset from his father in October of 2003. The approximate value of Husband's business, North End Shoe Repair, is unknown. Wife acknowledges that she has been informed of DKK/~"~x ~-~ Page 8 of 14 JSK//V~ obtain an independent appraisal and/or valuation of Husband's business, North End Shoe Repair, and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any fight, title interest or claim she might otherwise have in and to Husband's aforesaid business, North End Shoe Repair. In exchange for Wife waiving her interest in and to the North End Shoe Repair, Husband agrees to indemnify Wife and hold her harmless from any loss thereon. (8) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet 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 pendente lite. (9) LIFE INSURANCE: The parties hereto acknowledge that both parties have life insurance policies. Wife currently holds a term ]policy on Husband, coverage amount of Twenty-Five Thousand ($25,000.00) Dollars. Upon execution of this Agreement, both parties agree that Wife shall drop the aforesaid life insurance coverage on Husband. Wife shall maintain and pay the premiums for her existing life insurance policies. Wife has life insurance policies through Waypoint Bank, Member's First Federal Credit Union, and through her employment at Land O' Lakes. Wife shall remove Husband as the beneficiary under her life insurance policies. SAIDIS (10) ATTORNEY'S FEES: Except as otherwise provided herein, each of SHUFF, FLOWER & LINDSAY mo~,ws.^T.u~w the parties waives the fight to receive a payment for counsel fees form the other, and each 26 W. High Street Carlisle, Pa shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. D KI~ Page 9 of 14 JSK~fff / (11) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingdch Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. 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 riot the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (12) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties hereby agree to file separate returns for all SAIDIS ongoing years, specifically including 2004 and 2005;. SHUFF, FLOWER & LINDSAY A~I'OP,/~YS*AT.LAW (14) BANKRUPTCY: The parties hereby agree that the provisions of this 26 W. High Street Carlisle, PA 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 sh~ DKK:~V~ [(~ Page 10 of 14 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. (15) 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) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective fights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore constitute marital property. However, the: parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable SAIDIS distribution. SHUFF, FLOWER & LINDSAY Arro~,~Ys. AT.~w (17) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that 26 W. High Street C~r~isie, P^ each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreernent under no compulsion to do so but as a voluntary act. /J/J DKK~)~-~ Page 11 of 14 JSK / (18) 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 undersl:ood 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 p~my's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony t~endente 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. (19) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law SAIDIS of the United States of America. Except as provided herein, the parties specifically waive SHUFF, FLOWER & LINDSAY ,SVrOR~YS.^T.taW any and all rights that they may have to equitable distribution of marital property and/or 26 W. High Street C~rUsle, PA alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided, in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. //,g/,/ DKK~-~'/C~(-- Page 12 of 14 JS 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 parties' rights against the other for any past, present and future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (20) SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause ,or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (22) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in SAIDIS Divorce may be entered with respect to the pm:ties. Upon entry of the Decree, the SHUFF, FLOWER & LINDSAY ATI'ORI~¥SsAT'LAW provisions of this Agreement shall be incorporated by reference or in substance, but they 26 W. High Street Carlisle, PA shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enfof~Jy DKK~ff~-I~- Page 13 of 14 JSK ~.~/~. /- proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (23) 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 fight, 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. (24) 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. (25) AGREEMENT BINDING on PARRIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties ihereto, intending to be legally bound hereby, have hereunto set their hands and seals te. this Agreement the day and year first above written. WITNESS: SHUFF, FLOWER &A~roL I2~Yw ']5-~edra K. Keck Carlisle, PA ~- ~ ~' ~ ~ /,o~'f~y"S. keck DKK ~"~d,(..~ Page 14 of 14 JSK~ II , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. KECK, Plaintiff CIVIL ACTION - LAW v. : No. 2004 - 2435 (Civil Tern0 : DEEDRA K. KECK, : Defendant : (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(¢) 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 ifl 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify' that the statements made in this Waiver arc 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. C.S. §4904, relating to unswom falsification to authorities. Date: q- ! -0 ~ ~~ ~-Y S. KECK, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. KECK, : Plaintiff : CIVIL ACTION - LAW : v. : No. 2004 - 2435 (Civil TemO DEEDRA K. KECK, : Defendant : (In Divorce) .AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was flied on May 28, 2004. 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 the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit 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. C.S., Section 4904 relating to unswom falsification to anthorities. Date: _70 -1- 0 ~[ ~~~ .~ J~'~:lt~E~'' S. KEC'.K, Plaintifi' Sworn to and subscribed before me this SAIDIS /5~- day of. --qs~o-r- ,2004. SHUFF, FLOWER & LINDSAY 26 W. Hish Steel Carllale, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. KECK, : Plaintiff : CIVIL ACTION - LAW : v. : No. 2004 - 2435 (Civil Term) : DEEDRA K. KECK, : Defendant : (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to thc entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ill 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are tree 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. C.S. {}4904, relating to unswom falsification to authorities. D--EEDRA K. KECK, Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26 w. Hlsh Stl~et Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. KECK, : Plaintiff : CIVIL ACTION - LAW v. : No. 2004 - 2435 (Civil Term) : DEEDRA K. KECK, : Defendant : (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 28, 2004. 2. The marriage of Plaintiffand 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 the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of nay knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Date: .~~0t] ~~ ~ ]/~(..j~ DEEDRA K. KECK, Defendant Sw,(~ to and subs~b~d)0efore me this '.,,~ dayof ~/4L~. ,2004. SAIDIS . ~ - SHUFF, FLOWER ~~i ~ & LINDSAY ~ / .... JEFFREY S. KECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : : CIVIL ACTION -LAW DEEDRA K. KECK, : NO. 2004-2435 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: I. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3~4-(d.)~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service dat,~ June 1, ..2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff S m~S~S~a~Q~; by defendant .September 1, 2004. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: : (2) Date of filing and service of the plaintiff's 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 plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: ~ Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: ~ Respectfully submitted: ffacqueline M. Vemey, Esquire #2~67 44 South Hanover Street Carlisle. PA 17013 (717) 243-9190 Attorney for Plaintiff INTHE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Jeffrey S. Keck Plaintiff S O. 2004-2435 VERSUS Deedra K. Keck Defendant DECREE IN DIVORCE AND NO~~L~, 9 ;"~'~ it is ORDERED AND DECREED THAT Jeffrey S, Keck · PLAINTIFF, Deedra K. Keck AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF The fOLLOWING CLAIMS WHICh HAVE BEEN RAISED Of RFC~R/~ IN THIS ACTION FOR WHICh A FINAL ORDER HAS NOT Yet BEEN EnTEReD; O~/C~2~ The parties' marriage settlement agreement dated July 22, 2004 is incorporated herein and the Court has jurisdictio~v~ claims. BY TH,~"-CouRT: ..,~"~"/ ATrESt: J. PROTHONOTARY